Ex Parte Brodeur - 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         not written for publication and is not binding precedent of the            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. 16                
                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    __________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                    __________                                      
                           Ex parte CATHERINE A. BRODEUR                            
                                    __________                                      
                                Appeal No. 2004-1089                                
                               Application 09/770,302                               
                                    ___________                                     
                                      ON BRIEF                                      
                                    ___________                                     
         Before FRANKFORT, MCQUADE, and NASE, Administrative Patent                 
         Judges.                                                                    
         MCQUADE, Administrative Patent Judge.                                      

                                 DECISION ON APPEAL                                 
              Catherine A. Brodeur appeals from the final rejection of              
         claims 21 through 40, all of the claims pending in the                     
         application.                                                               
                                   THE INVENTION                                    
              The invention relates to a collapsible cot with side walls.           
         Representative claim 21 reads as follows:                                  
              21. A collapsible cot with wall members, which comprises:             
              (a) a base frame, said base frame having an open position             
         for use and a collapsed position for storing and transporting,             
         said base frame in its open position having a footprint                    
         sufficient to support flexible sheet material of an area                   
         sufficient to support a reclining human at least the size of a             
         young child, said base frame being collapsible so as to reduce             
         its open position footprint to at least one half when it [sic,             





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