Ex Parte EILERS - 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          not written for publication and is not binding precedent of the             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. 18              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                                Ex parte DEREK EILERS                                 
                                     __________                                       
                                Appeal No. 2003-0423                                  
                             Application No. 09/377,015                               
                                     __________                                       
                                      ON BRIEF                                        
                                     __________                                       

          Before FRANKFORT, OWENS, and NASE, Administrative Patent Judges.            
          OWENS, Administrative Patent Judge.                                         

                                 DECISION ON APPEAL                                   
               This appeal is from the final rejection of claims 1-29,                
          which are all of the claims in the application.                             
                                    THE INVENTION                                     
               The appellant claims a recloseable container, such as a                
          battery pack, having an explosion prevention safety device                  
          comprised of a highly rigid panel with means for forming a pair             

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