Ex Parte Miller - 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          written for publication and is not binding precedent of the Board.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 JUDITH F. MILLER                               
                                     ____________                                     
                                 Appeal No. 2005-0878                                 
                              Application No. 09/911,620                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before WALTZ, KRATZ, and JEFFREY T. SMITH, 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 5, 7, 8 and 10 through 22,              
          which are all of the claims pending in this application.  We have           
          jurisdiction pursuant to 35 U.S.C. § 134.                                   
               According to appellant, the invention is directed to a new             
          and improved breast prosthesis and bust cup system where highly             
          comfortable wear is afforded the wearer by using a comfort pad              
          which is removably attached to the rear surface of the prosthesis           
          through rear hook material (Brief, page 3).  Representative                 
          independent claims 1 and 19 are reproduced below:                           




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