Ex parte ANTHONY L. SCHRANK, et al. - Page 2




          Appeal No. 96-3210                                                          
          Application 29/025,638                                                      


               The ornamental design for a KITCHEN RANGE HOOD as shown                
               and described.                                                         


               The invention is depicted in the drawings in nine views.               
               As evidence of the obviousness of the appellants' design the           
          examiner has cited the following references:                                
          Weaver et al. (Weaver)        2,836,114      May  27, 1958                  
          Winton                        3,125,869      Mar. 24, 1964                  
               The claim stands rejected under 35 U.S.C.  103 as being               
          unpatentable over Weaver in view of Winton.                                 
               The rejection is explained in the Examiner's Answer.                   
               The opposing viewpoints of the appellants are expressed in             
          the Brief on Appeal.                                                        
                                       OPINION                                        
               Our reviewing court has provided the following guidance for            
          deciding the issue of the obviousness of a design claim in view             
          of prior art references:                                                    
               In rejections of design claims predicated upon 35 U.S.C.               
           103, the proper standard is whether a design would have been              
          obvious to a designer of ordinary skill in the articles involved.           
          See In re Nalbandian, 661 F.2d 1214, 1216, 211 USPQ 782, 784                
          (CCPA 1981).  To support a holding of obviousness there must be a           
          reference, a something in existence, the design characteristics             

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