Appeal No. 96-3643
Application No. 29/008,022
that they would be considered by “the eye of
an ordinary observer”, Gorham, 81 U.S. (14
Wall.) at 528. [Emphasis ours.]
Here, we are of the opinion that the differences in
appearance of the throat block, the relative bulk of the frames
and the overall general proportions of the appellants’ design
produces an overall visual effect which is not suggested by
tennis racquet “C” of the Bell Catalog. Perhaps each of the
differences noted by the examiner by itself is a minor
difference, but taken together the net result is a distinctly
different appearance. See In re Laverne, 356 F.2d 1003, 1007,
148 USPQ 674, 677 (CCPA 1966).
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