Ex parte ANTHONY L. SCHRANK, et al. - Page 5




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


          with regard to the claimed design.  The reasons we have reached             
          this conclusion coincide, in essence, with those set forth by the           
          appellants on pages 5 through 8 of the Brief.  In particular, it            
          is our opinion that the mere fact that some curves and a rounded            
          corner are present in the Winston hood would not, in our view,              
          have suggested to a designer of ordinary skill in the articles              


          involved that the basic design of Weaver be altered in the manner           
          proposed by the examiner.                                                   
               This being the case, we will not sustain the rejection, and            
          the decision of the examiner is reversed.                                   
                                      REVERSED                                        



                                                       )                              
                         NEAL E. ABRAMS                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         BRADLEY R. GARRIS             )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       )  INTERFERENCES               
                                                       )                              
                         MICHAEL R. FLEMING            )                              
                         Administrative Patent Judge   )                              



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