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Ex parte GRAZIOLI - Page 5
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Board of Patent Appeals and Interferences > 2001 > Ex parte GRAZIOLI - Page 5
Appeal No. 2001-2294
Application 29/097,935
As for the examiner’s position that one cannot see the
lateral sections or segments of the seat portion through the
opening of the back of the chair in Figure 2 of the
application (answer, page 5), we are in agreement with
appellant that such segments can be easily seen in Figure 2,
and that such showing, considered along with that in Figures 4
and 5, is sufficiently clear so as to provide a designer of
chairs of the type claimed with adequate details of the
configuration of the chair seat sufficient to allow such
designer to reproduce the chair shown in the application
drawings (photographs). Regarding the examiner’s position
that one cannot tell if the five segments of the chair seat
seen in Figures 4 and 5 of the claimed design are separated or
defined by horizontal ribs or grooves, we share appellant’s
view that the chair design as a whole can be appreciated by
the designer of chairs of the type shown from the disclosure
as a whole and that no feature of the chair is so confusing or
unclear as to create a situation that runs afoul of the
enablement requirement of 35 U.S.C. § 112, first paragraph.
Contrary to the examiner’s view, we do not consider that a
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Last modified: November 3, 2007
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