Ex Parte Alvite 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                                     for publication and is not binding precedent of the Board.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 ARMANDO ALVITE and LEONARD I. HOREY                                             
                                                      ____________                                                       
                                                  Appeal No. 2005-1331                                                   
                                               Application No. 10/215,414                                                
                                                      ____________                                                       
                                                        ON BRIEF                                                         
                                                      ____________                                                       
              Before FRANKFORT, MCQUADE, and NASE, Administrative Patent Judges.                                         
              FRANKFORT, Administrative Patent Judge.                                                                    


                                                 DECISION ON APPEAL                                                      
                     This is a decision on appeal from the examiner's final rejection of claims 1                        
              through 3, 6 through 12, 14, 16 through 22 and 24.  Claim 13 stands allowed.  Claim 23,                    
              the only other claim remaining in the application, has been objected to as being                           
              dependent upon a rejected base claim, but is indicated to be allowable if rewritten in                     
              independent form.  Claims 4, 5 and 15 have been cancelled.                                                 


                     Appellants’ invention relates to electric heating fabrics such as warming blankets.                 
              As noted on page 4 of the specification, the invention provides a warming fabric that                      





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