Ex Parte STANGE - 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                                 for publication and is not binding precedent of the Board.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. 21            

                        UNITED STATES PATENT AND TRADEMARK OFFICE                                             
                                               ____________                                                   

                             BEFORE THE BOARD OF PATENT APPEALS                                               
                                          AND INTERFERENCES                                                   
                                                 ____________                                                 
                                            Ex parte H. E. STANGE                                             
                                                 ____________                                                 
                                             Appeal No. 2003-0040                                             
                                           Application No. 09/314,079                                         
                                                 ____________                                                 
                                                   ON BRIEF                                                   
                                                 ____________                                                 
            Before COHEN, STAAB, and BAHR, Administrative Patent Judges.                                      
            STAAB, Administrative Patent Judge.                                                               



                                            DECISION ON APPEAL                                                
                   This is a decision on an appeal from the examiner’s final rejection of claims 1, 2,        
            4-11, 13-22 and 29-37, all the claims currently pending in the application.                       
                   Appellant’s invention pertains to a method (claims 1, 2, 4-10 and 30-37), an               
            apparatus (claims 11 and 13-20), and a kit (claims 21, 22 and 29) for compensating for            
            a vertical offset between a top surface of a paved roadway and a top surface of a cover           
            that occupies an opening extending downward through the roadway.  A further                       







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