Appeal No. 97-1566 Application 29/033,924 Spiegel Des. 291,714 Sept. 1, 1987 Hornung, Handbook of Designs and Devices, Plate No. 1711 (1946) p. 191. The claim stands rejected under 35 U.S.C. § 103 as being unpatentable over Spiegel in view of Hornung. The examiner’s findings regarding the content of the references and the differences between the claimed invention and Spiegel are stated as follows (examiner’s answer, page 3): The patent to Spiegel is cited to show a kicking tee which is strikingly similar to that of the claimed design except for the difference in the shape of the outer portion. The reference to Handbook of Design and Devices (Figure 1711) is cited to show a shield shape which is substantially similar in overall appearance to the shape of the outer portion of the claimed design. The examiner concludes that it would have been obvious to substitute the shield shape of Figure 1711 for the outer shape of Spiegel, and further that “by simply modifying the outer shape, since the interior portions of the kicking tee [of Spiegel and the claimed design] are almost identical, said modification would produce and [sic, an] article strikingly similar in appearance to that of the claimed design” (examiner’s answer, page 3). In the “Response to argument” section of the answer, the examiner offers additional views regarding the combinability of the references. Specifically, the examiner states that “as long -2-Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007