Ex Parte Montgomery - 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                           for publication and is not binding precedent of the Board.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 ROBERT H. MONTGOMERY, JR.                                               
                                               ______________                                                     
                                               Appeal 2006-3018                                                   
                                            Application 10/657,397                                                
                                           Technology Center: 1700                                                
                                               _______________                                                    
                                         Decided: September 28, 2006                                              
                                               _______________                                                    
                Before WARREN, WALTZ, 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 22 through 25, all of the claims in the                         
                application.                                                                                      
                       Claim 22 illustrates Appellant’s invention of a protective wear sleeve                     
                for a bit holder, and is representative of the claims on appeal:                                  
                       22.  A protective wear sleeve for a bit holder of a cutting tool                           
                assembly wherein the bit holder contains a central bore, and the wear sleeve                      
                comprises:                                                                                        

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