Appeal No. 97-2440
Application 29/036,036
This design application is on appeal from the final
rejection of the only claim pending.
The subject matter of the invention is an ornamental
design for a pipe fitting cleaner brush. Although Figures 4 and
5 of the application show the pipe fitting cleaner brush inserted
in an electric screwdriver, the screwdriver is not part of the
ornamental design on which protection is sought. This is made
clear from the preliminary amendment of March 10, 1995 (Paper No.
2) which amends the figure description to read "The electric
screwdriver is shown in dotted lines and is not part of the
design as claimed." An appropriate substitute drawing,
consistent with this amendment, was also filed therewith.
The examiner relies on the following reference:
Lawrence 4,850,071 Jul. 25, 1989
The following reference is relied on by the Board:
Chaves Des. 356,213 Mar. 14, 1995
(filed Jul. 24, 1992)
The appealed claim stands rejected under 35 U.S.C. 103
as unpatentable over Lawrence.
The examiner states, at page 3 of the answer:
The overall appearance of the
claimed design is substantially shown by
the circular brush of Lawrence (FIG. 2,
elements 12, 14, and 20), with the major
visual difference residing in the fact
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