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today was not written for publication and is not binding
precedent of the Board.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 SYLVESTER MADISON
______________
Appeal No. 2006-0276
Application 10/144,463
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ON BRIEF
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Before GARRIS, WARREN and WALTZ, 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 21 through 25, all of the claims in the application.
Claim 21 illustrates appellant’s invention of a rod-shaped eating utensil made of bread
for winding elongated pasta, and is representative of the claims on appeal:
21. A device for use in winding elongated pasta, said device comprising:
a rod-shaped eating utensil made entirely of bread having an axis, a side and a length;
and
integrally baked, randomly-disposed bread projections extending from said side in all
directions radial to said axis, said projections formed for winding elongated pasta onto said
eating utensil, so that, when said eating utensil is rotated, said projections wind elongated pasta
onto said eating utensil whereby said elongated pasta and said eating utensil can be eaten
simultaneously.
The references relied on by the examiner are:
Magee 2,960,989 Nov. 22, 1960
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