Appeal No. 97-0649
Application 29/031,122
that the Natuzzi 474 sofa does create basically the same visual5
impression as the claimed sofa design, and therefore constitutes
a basic (“Rosen”) design reference. While there are differences
between the two designs, as appellants point out, we do not
consider that they are such as to affect the basic design
characteristics of the Natuzzi 474 sofa. Both create the same
basic visual impression, notwithstanding the fact that the
claimed design may be more “rectilinear” than Natuzzi 474.
Nevertheless, we will not sustain the rejection, for even if
the Natuzzi 474 sofa were modified as suggested by Natuzzi 1030,
it would not result in the claimed invention. In both
references, the two seam lines at the ends of the backrest
cushions flare upwardly and outwardly from the seat cushion,
rather than beginning at the armrest and progressing vertically
upward, with a lesser outward turn at their upper ends. We find
no suggestion in Natuzzi 1030 that would lead an ordinary
designer to modify the seam lines of Natuzzi 474 so that they
originate at the armrest and extend in a vertical direction (when
seen from the front) for a considerable portion of their height,
as shown in Figure 2 of the application.
5The application drawings and Natuzzi 474 each show three
kinds of seats, namely, a sofa, a love seat, and a chair. For
convenience, we will limit our discussion to the sofa.
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Last modified: November 3, 2007