Appeal No. 2001-0337 Page 4
Application No. 29/091,083
of a drawing view from a different point of view.
Specifically, the examiner states (answer, p. 4) that
[i]n the absence of a disclosure of the specific
contours, configuration, and spatial and planar
relationship and configuration of the disclosed elements
of the claimed design, the claimed design is subject to
conjecture and could be achieved by different
configurations.
The appellants state (brief, p. 4) that the design sought
to be patented is the ornamentality provided by a rocker box
when viewed from the side, and is not limited to the specific
three-dimensional geometry of their commercial design. The
appellants argue (brief, pp. 5-6) that one skilled in the art
could make and use the design illustrated in the drawings. We
agree. In that regard, the ornamental design for a side
portion of a motorcycle rocker box as shown and described in
the appellants' application constitutes a complete disclosure
of the side portion of a motorcycle rocker box in all
essential respects, is so far as its appearance in side view
is concerned. Any side portion of a motorcycle rocker box
having substantially the appearance depicted in the
appellants' drawings would constitute an infringement of any
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