Ex Parte Rafferty - 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                   for publication and is not binding precedent of the Board.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. 18         

                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                              Ex parte ROBERT E. RAFFERTY                             
                                     ____________                                     
                                 Appeal No. 2004-0827                                 
                              Application No. 09/795,701                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before WALTZ, KRATZ and JEFFREY T. SMITH, Administrative Patent             
          Judges.                                                                     
          WALTZ, Administrative Patent Judge.                                         



                                  DECISION ON APPEAL                                  
               This is a decision on an appeal from the primary examiner’s            
          final rejection of claims 1, 2 and 6 through 8.  The remaining              
          claims pending in this application are claims 3 through 5, which            
          stand objected to by the examiner as depending on a rejected claim          
          but would be allowable if rewritten in independent form (Answer,            
          page 2, ¶(3)).  We have jurisdiction pursuant to 35 U.S.C. § 134.           
               According to appellant, the invention is directed to a lock            
          assembly for a utility box (Brief, page 2).  Further details of the         






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