Appeal No. 98-1900
Application D-07/715,260
manner shown by the amended drawings, at the time of filing
the application. For the reasons given by the examiner at
pages 4-11 of the answer, which we adopt as our own, we will
sustain the rejection of the design claim under 35 U.S.C. §
112, first paragraph.
As an additional reason for sustaining this rejection, we
note that the evidence indicates that at the time of filing
the original application, appellants had no intention of
disclosing or claiming a computer display with an edge trim
icon, but, rather, appellants were interested only in
obtaining protection for the design of the icon, itself. We
note the title of the application, “Edge Trim Icon For a
Computer Display” [emphasis ours]. Thus, the display, itself,
and/or the icon’s relationship with such display appears to
have been of no interest to
appellants. It was clearly the icon, itself, for use with or
on a computer display, which was of interest. The original
claim, too, was for an “EDGE TRIM ICON” which was only “FOR” a
computer display. Thus, again, the display was never
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