Ex Parte ROSE - 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         not written for publication and is not binding precedent of the            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. 27          

                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    __________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                    __________                                      
                              Ex parte MACK (NMI) ROSE                              
                                    __________                                      
                                Appeal No. 2004-1046                                
                             Application No. 09/354,203                             
                                    ___________                                     
                                      ON BRIEF                                      
                                    ___________                                     
         Before PAK, DELMENDO, and JEFFREY T. SMITH, Administrative                 
         Patent Judges.                                                             
         DELMENDO, Administrative Patent Judge.                                     

                                 DECISION ON APPEAL                                 
              This is a decision on an appeal under 35 U.S.C. § 134                 
         (2003) from the examiner’s rejection of claims 1 through 3 and 7           
         through 9 in the above-identified application.  (Non-final                 
         Office action mailed Mar. 23, 2001, paper 12.)  Claims 4 through           
         6 and 10, the only other pending claims, have been allowed.                
         (Id.)                                                                      
              The subject matter on appeal relates to a “drywall bench              





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