Ex Parte Mark - 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                  today was not written for publication and is not                    
                          binding precedent of the Board.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 PHILIP MARK                                  
                                                                                     
                                Appeal No. 2005-0262                                  
                             Application No. 10/101,732                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     
          Before KIMLIN, PAK and OWENS, Administrative Patent Judges.                 
          KIMLIN, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claim 6.                 
          Claim 6 is reproduced below:                                                
               6.  A hand held vibrating instrument comprising an elongated           
          tubular housing for grasping to be used manually similar to a               
          conventional pen or pencil writing instrument comprising:                   
               said elongated tubular housing having an elongated internal            
          chamber having a proximate end and a distal end:                            
               connecting means being a socket mounted on said distal end             
          for connecting a tool to said instrument;                                   
               said tool has a male threaded portion at its proximate end,            
          terminating with a radially extending flange located in the                 
          direction of a distal end of the tool, the flange has a rod                 
                                         -1-                                          



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