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for publication and is not binding precedent of the Board.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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