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for publication and is not binding precedent of the Board.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. 21
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte MARJORIE S. BURGESS
____________
Appeal No. 2002-1080
Application No. 09/372,149
____________
HEARD: FEBRUARY 13, 2003
____________
Before COHEN, STAAB, and NASE, Administrative Patent Judges.
STAAB, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's final rejection of claims 1-23,
which are all of the claims pending in this application.
We AFFIRM-IN-PART.
BACKGROUND
Appellant’s invention pertains to a foot protector that is lightweight, flexible,
inexpensive and readily disposable. The appealed claims are directed to a foot
protector (claims 1-16 and 21-23), a method of protecting a sole of a foot (claims 17
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