Ex parte COCKRAM - Page 3




          Appeal No. 96-3622                                                          
          Application 29/019,382                                                      


               “In determining the patentability of a design, it is the               
          overall appearance, the visual effect as a whole of the design,             
          which must be taken into consideration.”  See In re Rosen, 673              
          F.2d 388, 390, 213 USPQ 347, 349 (CCPA 1982).  Where the inquiry            
          is to be made under 35 U.S.C. § 103, the proper standard is                 
          whether the design would have been obvious to a designer of                 
          ordinary skill who designs articles of the type involved.  See              
          In re Nalbandian, 661 F.2d 1214, 1217, 211 USPQ 782, 785 (CCPA              
          1981).  Furthermore, as a starting point when a § 103 rejection             
          is based upon a combination of references, there must be a                  
          reference, a “something in existence,” the design characteristics           
          of which are basically the same as the claimed design.  Once a              
          reference meets the test of a basic design reference, ornamental            
          features may reasonably be interchanged with or added from those            
          in other pertinent references, when such references are “so                 
          related that the appearance of certain ornamental features in one           
          would suggest the application of those features to the other.”              
          See In re Rosen, 673 F.2d 388, 391, 213 USPQ 347, 350 (CCPA                 
          1982); In re Glavas, 230 F.2d 447, 450, 109 USPQ 50, 52 (CCPA               
          1956); In re Harvey, 12 F.3d 1061, 1063, 29 USPQ2d 1206, 1208               
          (Fed. Cir. 1993).  If, however, the combined teachings of the               
          applied references suggest only components of the claimed design,           

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