Ex Parte McGee 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                                  today was not written for publication and is not binding                                           
                                  precedent of the Board.                                                                            
                                                                                             Paper No. 22                            
                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                        _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                           
                                                    AND INTERFERENCES                                                                
                                                        _______________                                                              
                                                      Ex parte ROY MCGEE                                                             
                                                    and FRANCINA MCGEE                                                               
                                                         ______________                                                              
                                                      Appeal No. 2005-0308                                                           
                                                      Application 09/934,349                                                         
                                                        _______________                                                              
                                                            ON BRIEF                                                                 
                                                        _______________                                                              
               Before WARREN, WALTZ and TIMM, Administrative Patent Judges.                                                          
               WARREN, Administrative Patent Judge.                                                                                  
                                                        Decision on Appeal                                                           
                       This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally                             
               rejecting claims 1 through 6, all of the claims in the application.                                                   
                       Claim 1, as it stands on appeal,1 illustrates appellants’ invention of a heated coffee mug,                   
               and is representative of the claims on appeal:                                                                        
                       1.  A heated coffee mug comprising:                                                                           
                       a cup with a handle extending laterally outward from a perimeter sidewall and forming an                      
               upper opening orifice;                                                                                                
                       a lid for affixing to said cup to enclose said upper opening orifice;                                         
                                                                                                                                    
               1  We observe that appealed claim 1 as it stands of record in the amendment of August 18, 2003                        
               (Paper No. 13, page 2) has a period, “.”, before the semicolon following the word “handle” in the                     
               third clause of the claim                                                                                             

                                                            - 1 -                                                                    



Page:  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007