Ex Parte Dwyer - 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                        for publication and is not binding precedent of the Board.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 NEIL J. DWYER                                            
                                              ____________                                                
                                         Appeal No. 2004-2384                                             
                                      Application No. 10/161,365                                          
                                              ____________                                                
                                                 ON BRIEF                                                 
                                              ____________                                                
            Before PAK, WALTZ, and PAWLIKOWSKI, 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 claims 1 through 19, which are the only claims                             
            pending in this application.1  We have jurisdiction pursuant to                               
            35 U.S.C. § 134.                                                                              
                  According to appellant, the invention is directed to an                                 
            interchangeable cradle and ottoman assembly where removable                                   
            fasteners are used to fasten either the cradle or ottoman cushion                             

                  1Appellant submitted an amendment subsequent to the final                               
            rejection but the examiner refused entry of this amendment (see                               
            the amendment dated Dec. 5, 2003, refused entry as per the                                    
            Advisory Action dated Jan. 14, 2004; see also the Brief, page 2,                              
            ¶(III), and page 3, ¶(IV)).                                                                   





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