Appeal No. 2001-2294
Application 29/097,935
Looking at the photographs labeled as Figures 1 through
5, and particularly the seat portion of the chair design
depicted therein from the perspective of the designer of
articles of the type claimed, and with insights provided by
the photographs as a whole as filed with the application on
December 17, 1998, it is our determination that such designer
would have reasonably concluded that the slightly curved,
generally horizontal segments on the upper surface of the
chair seat seen in Figures 2, 4 and 5 of the application are
each formed by a slightly raised area between depressed areas
or subtle grooves formed in the surface of the seat portion,
as appellant has specifically argued in the reply brief (Paper
No. 14). Similarly, we are of the opinion that such designer
would have also perceived that the sides and front area
defining the outer peripheral part of the seat portion in the
elected embodiment are slightly raised areas, with the outer
peripheral part of the seat portion merging into and melding
with the outer peripheral part of the back portion of the
chair as clearly seen in Figures 4 and 5.
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