Appeal No. 97-3183 Application 29/046,917 In Walen, however, the sloping sides which define the cut-out do not intersect the curved outer periphery of the hub at all. Instead, Walen’s sloping sides intersect a horizontal surface of significant extent that in turn intersects with the curved outer periphery of the hub, thus giving the end of the hub of Walen a significantly truncated appearance vis-à-vis the end of the hub in the claimed design. In our view, the large V-shaped cut-out in the end of the hub of the claimed design, wherein the sloping sides that define the ?V? intersect with the curved outer periphery of the hub in such a manner so as to form a sharp edge, creates a distinctive overall appearance that is not suggested by the relied on prior art. The decision of the examiner is reversed. REVERSED ) IRWIN CHARLES COHEN ) Administrative Patent Judge ) ) ) ) BOARD OF PATENT JAMES M. MEISTER ) Administrative Patent Judge ) APPEALS AND 4Page: Previous 1 2 3 4 5 NextLast modified: November 3, 2007