Ex Parte Sagmeister et al - 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                   for publication and is not binding precedent of the Board.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.14         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                    Ex parte STEFAN SAGMEISTER and HJALTI KARLSSON                    
                                     ____________                                     
                                 Appeal No. 2004-0152                                 
                              Application No. 29/149,571                              
                                     ____________                                     
                                 HEARD: MARCH 2, 2004                                 
                                     ____________                                     
          Before COHEN, GARRIS, and BARRY, Administrative Patent Judges.              
          COHEN, Administrative Patent Judge.                                         



                                  DECISION ON APPEAL                                  


               This is an appeal from the final rejection of the following            
          design claim:                                                               


                    The ornamental design for A SMOKING ARTICLE                       
                    CONTAINER as shown and described.                                 


               Appellants’ smoking article container design is depicted in            
          top perspective, side elevational, front elevational, rear                  







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