Appeal No. 97-0088
Application No. 29/015,807
BACKGROUND
The appellant's invention relates to a design for a tool
blade. The claim on appeal is:
The ornamental design for a tool blade for installing tiles as
shown and described.
The prior art references of record relied upon by the
examiner as evidence of obviousness under 35 U.S.C. § 103 are:
Gallagher 3,155,997
Nov. 10, 1964
Hyde Tools Catalog (Hyde), page 4, #C2E-4, Wall
Scraper (1963)
The design claim stands rejected under 35 U.S.C. § 103 as
being unpatentable over Hyde in view of Gallagher.
Rather than reiterate the conflicting viewpoints advanced by
the examiner and the appellant regarding the § 103 rejection, we
make reference to the examiner's answer (Paper No. 19, mailed
July 9, 1996) for the examiner's complete reasoning in support of
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