Appeal No. 2001-0337 Page 3
Application No. 29/091,083
No. 5, mailed November 29, 1999), the final rejection (Paper
No. 7, mailed March 1, 2000) and the answer (Paper No. 10,
mailed September 29, 2000) for the examiner's complete
reasoning in support of the rejection, and to the brief (Paper
No. 9, filed July 24, 2000) for the appellants' arguments
thereagainst.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellants' drawings,
specification and claim and to the respective positions
articulated by the appellants and the examiner. As a
consequence of our review, we have determined that the
examiner's rejection of the appellants' design claim under 35
U.S.C. § 112, first paragraph, cannot be sustained.
The examiner's basis for the rejection under appeal
(answer, p. 3-4) is that the appearance of the claimed design
is not definite since the surface shading on the side and
middle portions of the claimed design (see Figure 2) indicate
changes in contour which cannot be understood in the absence
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