Ex Parte Clary et al - 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          not written for publication and is not binding precedent of the             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 MICHAEL CLARY                                 
               and DONALD DEUTERMAN                                                   
                                     __________                                       
                                Appeal No. 2005-0096                                  
                             Application No. 09/765,098                               
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before COHEN, FRANKFORT, and MCQUADE, Administrative Patent                 
          Judges.                                                                     
          MCQUADE, Administrative Patent Judge.                                       
                                 DECISION ON APPEAL                                   
               Michael Clary et al. appeal from the final rejection (mailed           
          December 8, 2003) of claim 1.  Claims 3 through 5, the only other           
          claims pending in the application, stand withdrawn from                     
          consideration pursuant to 37 CFR § 1.142(b).                                
                                   THE INVENTION                                      
               The subject matter on appeal relates to “an articulating               
          chair and, more particularly, to an improved fabric cover and               
          refined knock-down frame which are quickly assembled to form a              






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