Appeal No. 2001-0466
Application No. 29/112,628
(2) Exposures, Summer II 1991, p. 6, item A112211 (Exposures).
The appealed claim stands rejected under 35 U.S.C. § 103
as being unpatentable over Burnes in view of Exposures.
Reference is made to the brief (Paper No. 11) and the
answer (Paper No. 12) for the respective positions of the
appellant and the examiner with regard to the merits of this
rejection.
We note, at the outset, that appellant's claimed design
is directed to two embodiments. The embodiment of Figures 1-3
is a picture frame design having a square outer frame1
exhibiting a planar front face and a square inner frame
centered within the outer frame, the inner frame also
exhibiting a planar front face. A planar matting recessed
from the front face of the outer frame is provided between the
inner and outer frames. The embodiment of Figures 4-6 differs
from the embodiment of Figures 1-3 in that the inner frame,
while exhibiting a planar face, is circular rather than
square.
The term "square" as used in this decision denotes a plane figure1
having four equal sides and four right angles. Webster's New World
Dictionary, Third College Edition (Simon & Schuster, Inc. 1988).
2
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