Appeal No. 95-4735
Application 07/826,171
1574, 39 USPQ2d 1524, 1526 (Fed. Cir. 1996); In re Rosen, 673 F.2d 388, 391, 213 USPQ 347, 350
(CCPA 1982). The examiner’s basic reference is EKCO. EKCO discloses a three dimensional top view
of a shallow baking pan (see Fig. IV below) which has the same general appearance to Figs. 2 and 3,
combined, of the top view of appellants’ overall design (see Fig. III below).
Fig. III: top and side views of appellants’ pan Fig. IV: the EKCO pan2
2 The lower left portion of the pan was not illustrated in the reference because the reference gave a series of
pictures cascading from the top of the page and the lower left corner of the pan was overlapped by the next succeeding
picture in the cascade. In reproducing the illustration, the overlapping picture was deleted. We find that the partial
portion of the pan illustrated in EKCO is sufficiently clear to show that the top of the pan is ornamentally the same as
appellant’s top view.
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