Ex Parte Hayward - 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                                  today was not written for publication and is not binding                                           
                                  precedent of the Board.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 RICHARD J. HAYWARD                                                           
                                                         ______________                                                              
                                                      Appeal No. 2004-1334                                                           
                                                      Application 09/526,457                                                         
                                                        _______________                                                              
                                                            ON BRIEF                                                                 
                                                        _______________                                                              
               Before GARRIS, WARREN and KRATZ, 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 3, 5, 6 and 8 through 15, all of the claims in the application.  Claims 14 and 15                    
               are illustrative of the claims on appeal:                                                                             
                       14.  A fire safety unit comprising:                                                                           
                       a modular, self contained room,                                                                               
                       said self contained room having a floor, walls and a top,                                                     
                       means for supplying electricity to said self contained room, and                                              
                       means for supplying air to said self contained room, and                                                      
                       wherein one of said walls has means for allowing ingress and egress to said self                              
               contained room, and                                                                                                   
                       wherein said walls have an inner portion and an outer portion,                                                
                       said inner and outer portions are separated by a space,                                                       

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