Ex parte FIGUEROA - Page 2




          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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