Ex Parte Koefelda 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                                  today was not written for publication and is not binding                                           
                                  precedent of the Board.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 GERALD R. KOEFELDA, WILLIAM P. APPS,                                                    
                                             ROGER S. HSU and CYRIL J. BALFE                                                         
                                                         ______________                                                              
                                                      Appeal No. 2005-1557                                                           
                                                      Application 09/954,604                                                         
                                                        _______________                                                              
                                                            ON BRIEF                                                                 
                                                        _______________                                                              
               Before WARREN. OWENS and JEFFREY T. SMITH, 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 14 through 18, 20 through 25 and 28 through 43, all of the claims in the                             
               application.                                                                                                          
                       Claims 14 and 38 illustrates appellants’ invention of a nestable pallet, and are                              
               representative of the claims on appeal:                                                                               
                       14.  A nestable pallet comprising:                                                                            
                       a deck member having an upper surface;                                                                        
                       a plurality of integrally formed peripheral foot portions extending downwardly from the                       
               deck member and disposed about the periphery of the deck member, wherein each of the                                  
               peripheral foot portions has an outwardly directed recess extending to the upper surface of the                       
               deck member for receiving a corresponding foot portion of a like pallet disposed thereabove                           
               when in a nested orientation; and                                                                                     
                       a non-peripheral foot portion extending downwardly from the deck member.                                      

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