Ex Parte JOHNSON 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                                            for publication and is not binding precedent of the Board.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. 21               

                                     UNITED STATES PATENT AND TRADEMARK OFFICE                                                           
                                                              ____________                                                               
                                           BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                        AND INTERFERENCES                                                                
                                                              ____________                                                               
                                     Ex parte JAYSON A. JOHNSON, RONALD F. JOHNSON,                                                      
                                                       and SUSAN S. JOHNSON                                                              
                                                              ____________                                                               
                                                         Appeal No. 2002-1378                                                            
                                                       Application No. 09/196,938                                                        
                                                              ____________                                                               
                                                                ON BRIEF                                                                 
                                                              ____________                                                               
                Before CAROFF, DELMENDO, and JEFFREY T. SMITH, Administrative Patent Judges.                                             
                CAROFF, Administrative Patent Judge.                                                                                     



                                                        DECISION ON APPEAL                                                               
                        This is a decision on appeal from the examiner’s rejection of claims 1-6 and 9-31, all of the                    
                claims now pending in appellants’ involved application.                                                                  
                        The claims on appeal are directed to an artificial display representing a tree.  It is instructive               
                to highlight the differences in scope between the three independent claims before us.  The most                          
                detailed of the three, claim 1, defines an artificial tree having a so-called “bubble trunk” as well as a                
                plurality of rods extending outwardly from the trunk and spaced along substantially its entire height;                   






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