Appeal No. 2000-2151 Page 2
Application No. 29/099,783
The prior art references of record relied upon by the Examiner in rejecting the appealed claims
are:
Goncalves (French Patent ) 1 2,578,403 Sep. 12, 1986
Fenton et al. (Fenton) D378,665 Apr. 1, 1997
Avon Catalog, Campaign 26, 1988, page 11, “Sunsparklers Nail Enamel” bottle (Sunsparklers bottle).
The appealed design claim stands rejected under 35 U.S.C. § 103 as being unpatentable over
the French Patent in view of the Sunsparklers bottle and Fenton. We reverse for the reasons that
follow.
OPINION
“In determining the patentability of a design, it is the overall appearance, the visual effect as a
whole of the design, which must be taken into consideration.” In re Rosen, 673 F.2d 388, 390, 213
USPQ 347, 349 (CCPA 1982). In ornamental design cases, a proper obviousness rejection based on
a combination of references requires that the visual ornamental features (design characteristics) of the
claimed design appear in the prior art in a manner which suggests such features as used in the claimed
design.” In re Harvey, 12 F.3d 1061, 1063, 29 USPQ2d 1206, 1208 (Fed. Cir. 1993). “If,
1A translation of the French Patent is enclosed.
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