Appeal No. 98-1694
Application 07/715,261
described.
The claim was amended to read as such in an amendment
filed December 19, 1996 (Paper No. 10). As originally filed,
the claim read as follows:
The ornamental design for an ACCESS CONTROL ICON FOR A
COMPUTER DISPLAY OR THE LIKE as shown and described.
There are no references relied on by the examiner.
The sole claim on appeal stands rejected under 35 U.S.C.
§ 112, first paragraph, as relying on an inadequate written
description, the examiner contending that the proposed drawing
amendment (filed May 24, 1993) of a rectangular display screen
in broken lines around the previously depicted icon
constitutes new matter as there is inadequate support for a
computer display screen in the application as originally
filed.
The claim stands further rejected under 35 U.S.C. § 171
as being directed to nonstatutory subject matter regarding
design claims.
Reference is made to the brief and answer for the
respective positions of appellant and the examiner.
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