Ex parte KACHMAR - Page 4

          Appeal No. 97-3204                                                          
          Application 29/024,652                                                      

          involves consideration of what are indicated to be the distin-              
          guishing features of the claimed design."  Petersen Mfg. Co.                
          Inc. v. Central Purchasing, Inc., 740 F.2d 1541, 1548, 222                  
          USPQ 562, 567 (Fed. Cir. 1984).                                             
               It is the examiner's position that Love constitutes the                
          required Rosen reference, and that while there are several                  
          differences in the visual appearance of the two designs, these              
               are de minimis changes which do not affect the ap-                     
               pearance of the claimed design as a whole and the                      
               impression that the design would make to the eye of                    
               the designer of ordinary skill in this art (Answer,                    
               page 5).                                                               
          The appellant, on the other hand, argues on pages 6 through 8               
          of the Brief that there are four visual differences which give              
          rise to a difference in overall appearance between the claimed              
          design and the reference, to wit:                                           
               (1) The squared corners of the claimed design as                       
          opposed to the rounded ones of the reference.                               
               (2) The smooth uninterrupted contour of the edges of                   
          the claimed design as opposed to the peripheral                             
          bindings of the reference.                                                  
               (3) The presence of protruding fasteners on the                        
          reference where there are none in the claimed                               


Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007