Ex Parte Coulton - 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                                    for publication and is not binding precedent of the Board.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 MICHAEL S. COULTON                                                     
                                                      ___________                                                          
                                                 Appeal No. 2004-1298                                                      
                                              Application No. 09/875,074                                                   
                                                      __________                                                           
                                                       ON BRIEF                                                            
                                                      __________                                                           
              Before STAAB, McQUADE and NASE, Administrative Patent Judges.                                                
              McQUADE, Administrative Patent Judge.                                                                        
                                                DECISION ON APPEAL                                                         


                     Michael S. Coulton appeals from the final rejection of claims 1 through 22, all of                    
              the claims pending in the application.                                                                       

                                                   THE INVENTION                                                           
                     The invention relates to “a spacer product which is utilized in a wall and/or roof                    
              construction and which provides a drainage path and air space adjacent both an inner                         
              sheathing member and an outer building material to retard deterioration of the                               
              structure” (specification, page 1).  Representative claim 1 reads as follows:                                
                     1.     A spacer product for providing a drainage path and air space within a                          
                            building structure so as to retard deterioration of the building structure,                    
                            consisting essentially of:                                                                     





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