Ex Parte FATH et al - Page 1




          The opinion in support of the decision being entered today was              
          not written for publication and is not binding precedent of the             
          Board.                                                                      
                                                          Paper No. 12                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
          AND INTERFERENCES                                                           
                                     __________                                       
                               Ex parte SCOTT A. FATH                                 
          and CLAUDETTE M. CALDER                                                     
                                     __________                                       
                                Appeal No. 2000-2039                                  
                               Application 09/176,608                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      

          Before FRANKFORT, MCQUADE, and NASE, Administrative Patent                  
          Judges.                                                                     
          MCQUADE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               Scott A. Fath et al. appeal from the final rejection of                
          claims 1, 5 through 7 and 11 through 15, all of the claims                  
          pending in the application.                                                 
                                   THE INVENTION                                      
               The invention relates to “a cigarette pack blank and the               
          cigarette pack made therefrom” (specification, page 2).                     
          Representative claim 1 reads as follows:                                    
               1.  A blank for use in forming a container comprising a body           
          forming portion and a lid forming portion, the body forming                 

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