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for publication and is not binding precedent of the Board.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. 27
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte JAMES P. LYNCH
____________
Appeal No. 2004-0350
Application No. 09/570,507
____________
ON BRIEF
____________
Before GARRIS, PAK, and TIMM, Administrative Patent Judges.
GARRIS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the final rejection of
claims 1-3, 5-11, and 14-16 which are all of the claims remaining
in the application.
The subject matter on appeal relates to a recreational
apparatus or game which comprises a base, a ladder fabricated from
horizontal rungs and vertical struts which are interconnected with
couplers, and a projectile having a flaccid spacer with massive
terminators at either end, whereby the projectile may be tossed
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