Ex parte LEIGHT - Page 6




          Appeal No. 96-3568                                                          
          Application 29/009,122                                                      



                    Like appellant, we are of the view that the distinctly            
          rounded appearance of the convex bump at the front portion of the           
          cap of the claimed design, as opposed to the clearly truncated or           
          cut-off front portion of the bump on the cap seen in Saito (e.g.,           
          in Figures 6, 7 and 8), along with the gradually rounded                    
          appearance of the rear portion of the cap of the claimed design,            
          versus the truncated or cut-off appearance of the rear portion of           
          the                                                                         


          cap of Saito, is enough to establish a clearly different overall            
          visual impression to the ordinary observer than that created by             
          the cap of Saito.  This being the case, we will not sustain                 
          the examiner's rejection of the design claim on appeal under                
          35 U.S.C.  102(b) as being clearly anticipated by Saito.                   


                    In accordance with the foregoing, the decision of the             
          examiner rejecting the claimed design under 35 U.S.C.  102(b)              
          is reversed.                                                                


                                      REVERSED                                        



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