Ex Parte Stout - 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          not written for publication and is not binding precedent of the             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.                                                                      

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                           Ex parte WILLIAM K. STOUT, JR.                             
                            ___________                                               
                                Appeal No. 2004-1452                                  
                             Application No. 29/138,830                               
                                     __________                                       
                                      ON BRIEF                                        
                                      _________                                       
          Before PAK, WALTZ, and SAADAT, Administrative Patent Judges.                
          WALTZ, Administrative Patent Judge.                                         

          DECISION ON APPEAL                                                          
               This is a decision on an appeal from the primary examiner’s            
          final rejection of the single design claim.  We have jurisdiction           
          pursuant to 35 U.S.C. § 134.                                                
               According to appellant, the invention is directed to the               
          ornamental design for a duct tap with an indented end as shown              
          and described in Figures 1 through 8 submitted with a “Request              
          for Authorization to Amend the Drawings” dated Sep. 9, 2002, and            


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