Ex Parte DOWNING - Page 1




          The opinion in support of the decision being entered today was              
          not written for publication and is  binding precedent of the                
          Board.                                                                      
                                                            Paper No. 35              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                               Ex parte DAVID DOWNING                                 
                                     __________                                       
                                Appeal No. 2001-2338                                  
                               Application 08/996,360                                 
                                     ___________                                      
                                HEARD: March 4, 2003                                  
                                     ___________                                      

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

                                 DECISION ON APPEAL                                   


          This is a decision on appeal from the examiner's final                      
          rejection of claims 23 through 43, which are all of the claims              
          remaining in this application.  Claims 1 through 22 have been               
          canceled.                                                                   


          As set forth on page 1 of the specification, the problem                    
          addressed by appellant regards permanently constructed outdoor              
          seating for places such as outdoor sports stadiums and the like.            

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