Ex Parte Cruz - Page 1




             The opinion in support of the decision being entered today was not written for            
                publication in a law journal and is not binding precedent of the Board.                
                                                                              Paper No. 11             
                           UNITED STATES PATENT AND TRADEMARK OFFICE                                   
                                             ____________                                              
                                BEFORE THE BOARD OF PATENT APPEALS                                     
                                          AND INTERFERENCES                                            
                                             ____________                                              
                                      Ex parte RICHARD A. CRUZ                                         
                                             ____________                                              
                                        Appeal No. 2003-0656                                           
                                    Application No. 29/124,773                                         
                                             ____________                                              
                                               ON BRIEF                                                
                                             ____________                                              
            Before COHEN, FLEMING and KRATZ, Administrative Patent Judges.                             
            KRATZ, 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 “ATHLETIC SHORTS” as shown and                             
            described.                                                                                 
                  The design is depicted in a front elevation view, a right                            
            side elevation view, front top right side perspective view and a                           
            bottom front left side perspective view in the application                                 
            drawing Figures 1 through 4, respectively.                                                 











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