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. 1Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007