Ex Parte Wilk - 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               today was not written for publication and is not                       
               binding precedent of the Board.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. 13           

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     
                               Ex parte PETER J. WILK                                 
                                                                                     
                                Appeal No. 2003-0101                                  
                             Application No. 09/661,520                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     
          Before HAIRSTON, KRASS and JERRY SMITH, Administrative Patent               
          Judges.                                                                     
          KRASS, Administrative Patent Judge.                                         

                                 DECISION ON APPEAL                                   
               This is a decision on appeal from the final rejection of               
          claims 1-18.                                                                
               The invention is directed to a novelty item.  In particular,           
          a sea shell, or an item made to look like a sea shell, is                   
          outfitted with a sound reproduction device and a proximity                  
          detector within, such that when a user lifts the sea shell to               

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