Ex parte LEIGHT - Page 2

                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.                                                                                                                       

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