Appeal No. 99-1028
Application 29/067,859
The disposable mitten design is depicted in front view,
first side view, second side view, top view and bottom view in
Figures 1 through 5 respectively, with Figure 1 being the most
representative when evaluating the examiner’s rejection.
THE REFERENCES
The references applied by the examiner are:
O'Connell 2,364,749 Dec. 12,
1944
Humphrey 2,782,912 Feb. 26,
1957
THE REJECTION
The design claim stands rejected under 35 U.S.C. § 103 as
being unpatentable over O'Connell in view of Humphrey.
The rejection is explained in the Examiner's Answer
(Paper No. 11).
The opposing viewpoints of the appellant are set forth in
the Brief (Paper No. 10).
OPINION
The appellant’s design is for a disposable mitten having
separate thumb and four-finger pockets with rounded upper
contours. A U-shaped gap or valley is provided between the
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