Appeal No. 95-3852
Application 07/885,945
30 with a single horizontally extended region on it opposite the
engagement hole 36. This extended region also has a vertical
projection at its end farthermost from the body of shutter slide
30, which projection is normal to the upper shutter blade 26 in
Figure 8.
This extended region of the shutter slide 30/crosspiece in
Shiba including its L-shaped nature leads us to conclude that the
claimed T-shaped design of the corresponding crosspiece with its
two extended regions beyond the width of the body of the shutter
per se embodies a patentably distinct design. The longer portion
of the crosspiece of the claimed design is also of a different,
non- obvious configuration than the single extended portion of
Shiba’s crosspiece. What the examiner regards as minute details
or slight variations in the connecting element or crosspiece
(answer pages 2-3) lead us to conclude that the design claim on
appeal presents a patentably distinct overall appearance over
that shown in Shiba.
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