Appeal No. 96-3568
Application 29/009,122
DECISION ON APPEAL
This is a decision on appeal from the examiner's final
rejection of the following design claim:
The ornamental designs for Cap For Banded
Earplug as shown and described.
The invention is directed to the ornamental design of a
cap that, as seen in Figures 1 and 3 of the application, lies at 2
an end of a banded ear plug. As noted in appellant's
specification, the broken line showing of the banded ear plug is
for illustrative purposes only and forms no part of the claimed
design. As explained on page 2 of the brief,
the cap has a front half forming a small
convex bump which is greatly rounded. The
cap has a larger diameter rear that looks
like the outside of a donut, with gently
rounded front and rear end portions. The
gently rounded rear end enhances the
appearance, because the phantom lines
indicating a band end, show that much of
the rear is exposed.
The sole reference relied upon by the examiner is:
2New formal drawings were filed by appellant on October 24,
1994 (Paper No. 3) and include figures numbered as Fig. 1 through
Fig. 4.
2
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