Appeal No. 1999-2009 Page 2
Application No. 29/052,870
We REVERSE.
BACKGROUND
The appellant's invention relates to a design for a
garden area edging unit. The claim on appeal is:
The ornamental design for an edging unit, as shown and
described.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Dean, Jr. (Dean) 5,564,240 Oct. 15, 1996
Burr 2,415,782 2 Oct. 16, 1975
(Germany)
The design claim stands rejected under 35 U.S.C. § 103 as
being unpatentable over Figure 61 of Burr in view of Dean.
2In determining the teachings of Burr, we will rely on
the Derwent abstract and the partial translation provided by
the appellant (both of record).
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