Ex Parte MALLISON - 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          not written for publication and is not binding precedent of the             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. 31                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                             Ex parte FRANK K. MALLISON                               
                                     __________                                       
                                Appeal No. 2003-1118                                  
                               Application 08/968,534                                 
                                     ___________                                      
                               HEARD: November 5, 2003                                
                                     ___________                                      
          Before FRANKFORT, STAAB, and MCQUADE, Administrative Patent                 
          Judges.                                                                     
          MCQUADE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               Frank K. Mallison appeals the examiner’s rejection of claims           
          1 through 17, all of the claims pending in the application.                 
                                    THE INVENTION                                     
               The invention relates to “a dust collection and removal                
          system to be used in conjunction with apparatus for improving               
          tire uniformity during the manufacture of tires” (specification,            
          page 1).  Representative claims 1 and 16 read as follows:                   
          1. In a machine having grinding wheels for selectively                      
          engaging the periphery of a tire, a dust collection and removal             
          apparatus comprising:                                                       
               a) shroud means for housing the grinding wheels;                       






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