Ex Parte Brothers - 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          was not written for publication and is not binding precedent                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. 17              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                              Ex parte RICHARD BROTHERS                               
                                     __________                                       
                                Appeal No. 2004-0314                                  
                               Application 09/965,496                                 
                                     __________                                       
                                      ON BRIEF                                        
                                     __________                                       

          Before PAK, OWENS, and KRATZ, Administrative Patent Judges.                 
          Patent Judges.                                                              
          OWENS, Administrative Patent Judge.                                         
                                 DECISION ON APPEAL                                   
               This appeal is from the refusal to allow claims 4-6 as                 
          amended after final rejection.  Claim 7, which is the only other            
          claim pending in the application, has been allowed.                         
                                    THE INVENTION                                     
               The appellant’s claimed invention is directed toward                   
          “covered food containers wherein a structural feature of the                
          container receives a matching structural component of the cover             
          to provide a temporary resting location for the cover when access           
                                          1                                           





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