Ex Parte Traylor - Page 1



               The opinion in support of the decision being entered                   
               today was not written for publication in a law journal                 
               and is not binding precedent of the Board.                             

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     
                                Ex parte MARC TRAYLOR                                 
                                                                                     
                                Appeal No. 2005-1393                                  
                             Application No. 09/751,609                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     
          Before KIMLIN, WALTZ and KRATZ, Administrative Patent Judges.               
          KIMLIN, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 1-20.             
          Claim 1 is illustrative:                                                    
               1.  A paintbrush holder comprising:                                    
               a clamp for engaging a rim of a paint can;                             
               a magnet for engaging a ferrule of a paintbrush; and                   
               a resilient member having a proximal portion attached to the           
          clamp and having a distal portion attached to the magnet wherein            
          the resilient member has a force constant selected to produce a             
          displacement of the distal portion when the paintbrush is                   
          subjected to a mechanical shock so that the paintbrush does not             
          slide off the magnet.                                                       

                                         -1-                                          



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