Ex Parte Guzzardo - Page 1



              The opinion in support of the decision being entered today was           
              not written for publication and is not precedent of the Board.           
                                                              Paper No. 13             
                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                     ____________                                      
                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                                     ____________                                      
                              Ex parte BRYAN J. GUZZARDO                               
                                     ____________                                      
                                 Appeal No. 2004-1600                                  
                              Application No. 09/964,149                               
                                     ____________                                      
                                       ON BRIEF                                        
                                     ____________                                      
          Before WARREN, JEFFREY T. SMITH and PAWLIKOWSKI, Administrative              
          Patent Judges.                                                               
          PAWLIKOWSKI, Administrative Patent Judge.                                    

                                  DECISION ON APPEAL                                   
               This is a decision on appeal under 35 U.S.C. § 134 from the             
          examiner’s final rejection of claims 1, 2, 9, 10, 12-14, 16, and             
          19.                                                                          
               Claims 1 and 13 are representative of the subject matter on             
          appeal and are set forth below:                                              
                    1. A notched blade seal for covering a gap                         
               between a wing and a wing flap of a high performance                    
               aircraft, comprising:                                                   
                    a bottom seal strip of a flexible, resilient                       
               material having a generally right triangle cross-                       
               section configuration and a plurality of spaced-apart                   
               notches defining a plurality of finger portions, and                    
                    a top seal strip of a flexible, resilient                          
               material having a generally right triangle cross-                       




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