Ex Parte COUNTEE - 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          not written for publication and is not binding precedent of the             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. 26              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                             Ex parte JOSEPH COUNTEE JR.                              
                                     __________                                       
                                Appeal No. 2002-1818                                  
                               Application 29/094,432                                 
                                     ___________                                      
                              HEARD: December 11, 2002                                
                                     ___________                                      

          Before GARRIS, FRANKFORT, and SAADAT, Administrative Patent                 
          Judges.                                                                     
          FRANKFORT, Administrative Patent Judge.                                     

                                 DECISION ON APPEAL                                   
               This is a decision on appeal from the examiner's final                 
          rejection of the following design claim:                                    
               The ornamental design for a RECLOSABLE, EXPANDED SNACK                 
               CARTON as shown and described.                                         
          As is apparent from the drawings and description in the                     
          specification of the present design application, appellant’s                
          invention is directed to a reclosable snack carton in an expanded           
          or flexed, open configuration, i.e., where the top closure                  

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