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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