Ex Parte Benoist - 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          not written for publication and is not binding precedent of the             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. 25              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                           Ex parte JEAN FRANCOIS BENOIST                             
                                     __________                                       
                                Appeal No. 2004-1419                                  
                               Application 09/733,041                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before FRANKFORT, McQUADE, and NASE, Administrative Patent                  
          Judges.                                                                     
          FRANKFORT, Administrative Patent Judge.                                     
                                 DECISION ON APPEAL                                   

          This is a decision on appeal from the examiner's final                      
          rejection of claims 1 through 39, all of the claims pending in              
          this application.                                                           

          Appellant’s invention relates to a swirling effect nozzle                   
          for an aerosol receptacle, which nozzle is designed to provide a            
                                          1                                           




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