Appeal No. 1999-1013
Application No. 29/014,141
7 of the appellant’s drawing most clearly depict this design for
purposes of examining the issues before us on this appeal.
The references set forth below are relied upon by the
examiner as evidence of obviousness under 35 U.S.C. § 103:
Molina 4,975,007 Dec. 4, 1990
Southco Fasteners Handbook, pg. C-7, (1993).
In the answer, the examiner has maintained his final
rejection of the appealed claim under 35 U.S.C. § 103 “as being
unpatentable over the retractable screw disclosed at the top
right corner of page C-7 of the Southco Fasteners Handbook
reference, (note the fastener at the bottom right corner of the
picture).” Answer, page 2. As the examiner appreciates, the
lower end of the Southco retractable screw is not knurled as in
the here claimed design. However, the examiner does not contend
that it would have been obvious to provide the lower end of this
prior art screw with a knurled design. Instead, the examiner
argues that “[t]he addition of the knurling to the bottom end of
the claimed design . . . is considered to be a minor detail which
does not patentably distinguish the article’s overall
appearance.” Id., at page 3. Stated otherwise, “[i]t is the
Examiner’s position that the claimed design [and the Southco
design] would be considered by one of ordinary capability who
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