Ex Parte Achatz 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          written for publication and is not binding precedent of the Board.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 STEVE ACHATZ and JOHN E. NEMAZI                                       
                                     ____________                                                     
                                 Appeal No. 2006-0228                                                 
                              Application No. 10/158,028                                              
                                     ____________                                                     
                                       ON BRIEF                                                       
                                     ____________                                                     
          Before FRANKFORT, CRAWFORD, and BAHR, 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, 2, 3, 5, 6 and 9.  Claims 4, 7, 8 and 10                             
          through 27, the only other claims remaining in the application,                             
          have been withdrawn from further consideration.                                             

          As noted on page 1 of the specification, appellants’                                        
          invention relates generally to a product dispenser, and more                                
          specifically to a product dispenser for confections or tablets                              
          including a clip adapted to secure the dispenser to another                                 
          article.  A significant aspect of the problem associated with                               












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