Appeal No. 97-2867
Application No. 29/012,093
appearance is a matter of concern under In re Webb and is carried
through all embodiments.
The design characteristics of Mattchen’s shank portion 11
are as follows. The most striking ornamental aspect is the
square appearance of the shank portion. As depicted in Figures 3
and 6, a circumferential array of detents 12 appears a short
distance from one end of the shank.
The examiner has not convinced us that the design
characteristics of the square shank of Mattchen are basically the
same as the claimed design. In our opinion, the design
characteristics of Mattchen’s square shank simply do not evidence
a something in existence, the design characteristics of which are
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Last modified: November 3, 2007