Appeal No. 97-3204
Application 29/024,652
This is an appeal from the final rejection of the follow-
ing design claim:
The ornamental design of a Textile Casing for Furni-
ture Cushions as shown and described.
The invention is depicted in the drawings in eight views.
As evidence of the obviousness of the appellant's design
the examiner has cited the following reference:
Love 1,659,405 Feb. 14,
1928
The claim stands rejected under 35 U.S.C. § 103 as being
unpatentable over Love.
The rejection is explained in the Examiner's Answer.
The opposing viewpoints of the appellant are expressed in
the Appeal Brief.
OPINION
The examiner has rejected this design claim on the basis
that it would have been obvious in view of the showing of
Love, considering certain differences to be de minimis. Our
reviewing court has provided the following guidance for decid-
2
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007