Ex parte IYENGAR et al. - Page 3




               Appeal No. 95-4735                                                                                                     
               Application 07/826,171                                                                                                 


               terminating in a rolled lip.  See Fig. I below.  A groove on the bottom surface of the pan extends from the            

               interior thereof outwardly in rectangularly shaped convolutions of ever increasing size that generally conform         

               in shape to the shape of the pan’s outer periphery.  See Fig. II below.                                                

















                                       Fig. I                                 Fig. II                                                 



                       In order for a design to be unpatentable because of obviousness, there must be a “Rosen”                       

               disclosure, i.e., a basic design reference in the prior art, “a something in existence, the design characteristics     

               of which are basically the same as the claimed design.”     In re Borden, 90 F.3d 1570,                                






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