Ex Parte Durel-Crain - 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                                   for publication and is not binding precedent of the Board.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 MAXIE A. DUREL-CRAIN                                                  
                                                   ____________                                                         
                                               Appeal No. 2004-0563                                                     
                                             Application No. 09/975,747                                                 
                                                   ____________                                                         
                                                      ON BRIEF                                                          
                                                   ____________                                                         
              Before FRANKFORT, McQUADE and BAHR, Administrative Patent Judges.                                         
              FRANKFORT, Administrative Patent Judge.                                                                   


                                              DECISION ON APPEAL                                                        
                     This is a decision on appeal from the examiner's final rejection of claims 20 and                  
              22. Claims 1 through 7, 13 through 19, 21, 24, 25 and 27 through 29 have been                             
              canceled. Claims 8 through 12, 23 and 26 stand allowed.                                                   
                     Appellant’s invention relates generally to feminine hygienic tampons having                        
              strings attached thereto for withdrawal.  More particularly, the invention on appeal is                   
              directed to such a tampon having a string attached at a first end to the tampon and                       
              having a length of 9 inches to 13 inches.  Page 2 of the specification (lines 20-21)                      
              indicates that the apparatus of the present invention is a tampon with means for                          






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