Appeal No. 98-0064
Application No. 29/043,747
Whitney spoiler is viewed in the best light, we would need to
resort to speculation in order to find the instant claimed design
patentably indistinct thereover. From the limited view we have
of the Whitney spoiler, it does not appear to have the differing
contours of the instant claimed design and we will not speculate
that it does.
Contrary to the examiner’s position, we do not view these
differences between the instant claimed design and that shown by
Whitney to be de minimus. The examiner has provided us with no
cogent rationale as to why the overall effect of the Whitney
spoiler would have made the instant claimed design obvious
thereover.
The examiner’s decision is reversed.
REVERSED
James D. Thomas )
Administrative Patent Judge )
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)
)
Kenneth W. Hairston ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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Errol A. Krass )
Administrative Patent Judge )
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