Ex Parte Wolfgram - 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                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.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. 13                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                        _______________                                                               
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                        _______________                                                               
                                                   Ex parte BEV WOLFGRAM                                                              
                                                         ______________                                                               
                                                      Appeal No. 2004-1108                                                            
                                                      Application 09/756,833                                                          
                                                        _______________                                                               
                                                             ON BRIEF                                                                 
                                                        _______________                                                               
               Before WARREN, KRATZ and DELMENDO, Administrative Patent Judges.                                                       
               WARREN, Administrative Patent Judge.                                                                                   
                                                        Decision on Appeal                                                            
                       This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally                              
               rejecting claims 1 through 18, all of the claims in the application.  Claims 1, 2 and 14 are                           
               illustrative of the claims on appeal:                                                                                  
               1.      A backpack specifically adapted to contain and carry a scooter vehicle, said backpack                          
               comprising:                                                                                                            
                       a rigid back support plate forms a linearly elongated vertical support and having a lower                      
               end, an upper end, and a vertical centerline along the vertically elongated midline;                                   
                       a rigid bottom support plate perpendicularly affixed at said lower end of said back                            
               support plate;                                                                                                         
                       a continuous, flexible sidewalk extending outward from and connected to said bottom                            
               support plate and said back support plate, thereby forming a frontwall parallel to said back                           
               support plate and pair of spaced, vertical sides separating said back support plate from said                          
               frontwall such as to form an internal storage volume,                                                                  

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