Appeal No. 2000-0553
Application No. 29/079,653
As seen in Figures 1 through 7, the uncurved top surfaces
of the blades are flush with the top surfaces of the handle
portions of the cake cutter, and the lower surfaces of the
handle portions are in a near right-angle relationship with
vertically extending portions of the blades. The cutting edge
of the blades is straight, and this straight edge forms a
rounded right angle with the vertically extending portions of
the blades. The cutting edges of the blades are also in a
parallel relationship with the top surfaces of the handle
portions and the uncurved top surfaces of the blades. The top
surfaces of the blades slope downwardly and meet at a V-shaped
junction. The height of this V-shaped junction is less than
the height of the two vertically extending portions of the
blades.
The references relied on by the examiner are:
Haugland 2,600,646 June 17,
1952
Harvey D159,729 Aug. 15, 1950
The design claim on appeal stands rejected under 35
U.S.C.
§ 103 as obvious. As evidence of obviousness, the examiner
relies on Haugland because it “is similar to applicant’s
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