Appeal No. 2002-1972 Page 4
Application No. 09/394,722
The appellant’s claims are directed to an emblem comprising a disc having
obverse and reverse faces, each of which is divided by a sigmoid line into substantially
equal adjoining forms having a major portion and a minor portion. The major portion of
each form is displaced with respect to the other in order to shape the emblem into a
pair of oppositely oriented elevated sections, each of which has a depressed portion on
its opposite side. Thus, the claims describe an emblem having a particular structure.
The appellant has explained the concept of yang and yin on pages 1-5 of the
specification, and then goes on to state on page 5 that the emblem “allows for visual
apprehension of the [Tao] law of polarity, of black and white, and of something
masculine in the feminine, and something of the feminine in the masculine,” and
“provides a three-dimensional representation of the yang-yin principle whereby the
principle may be experienced through sight as well as touch . . . [which] serves as a
constant reminder of the bipolar nature of cosmic energy, facilitates meditation of
intuitive realization of being one with the Tao, sensing large and small manifestations of
oneness with the Tao, and harmonizing the yang-yin energies in the body.”
The appellant’s claims clearly recite an object having specifically defined
structural features. In the above-noted portions of the appellant’s specification the
appellant has asserted that the object described in the claims has utility in that it
provides a three-dimensional representation of the Tao which can be seen and
touched. While the examiner has taken the position that this does not constitute “utility”
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007