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). 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007