Ex parte ANTHONY L. SCHRANK, et al. - Page 3

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

          of which are basically the same as the claimed design.  Once a              
          reference meets the test of a basic design, reference features              
          may reasonably be interchanged with or added from those in other            
          pertinent references.  See In re Rosen, 673 F.2d 388, 391, 213              
          USPQ 347, 350 (CCPA 1982).  A proper obviousness rejection based            
          upon a combination of references requires that the visual                   
          ornamental design features of the claimed design appear in the              
          prior art in a manner which suggests the application of them as             
          used in the claimed design.  See In re Cho, 813 F.2d 378, 382, 1            
          USPQ2d 1662, 1663 (Fed. Cir. 1987); In re Glavas, 230 F.2d 447,             
          450, 109 USPQ 50, 52 (CCPA 1956).  It is distinctiveness in                 
          overall appearance of an object when compared with the prior art,           
          rather than minute details or small variations in configuration,            
          that constitutes the test of design patentability.  See In re               
          Lapworth, 451 F.2d 1094, 1096, 172 USPQ 129, 131 (CCPA 1971).               
               The claimed design has inwardly tapered side panels which              
          meet the downwardly tapered top panel and front panel at rounded            
          edges and corners.  In the Weaver design, the side panels do not            
          taper inwardly, and all of the joints are sharp edges.  Winston             
          discloses inwardly tapered curved side panels 38, which mate at a           
          sharp edge 47 with a downwardly curved top panel 29.  As stated             


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