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
design.
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