Ex parte KACHMAR - Page 2




          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-              




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