Appeal No. 97-3183
Application 29/046,917
Walen Des. 343,247 Jan. 11, 1994
Goris Des. 362,065 Sep. 5, 1995
Mongeon 4,386,609 Jun. 7, 1983
The claim stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Goris in view of Walen and Mongeon. This
rejection is explained on page 3 of the answer.
Reference is made to pages 2-6 of the brief and pages 4-10
of the answer for the arguments of the appellants and examiner in
support of their respective positions.
OPINION
Having carefully considered the respective positions
advanced by the appellants in the brief and the examiner in the
answer, it is our conclusion that the references relied on by the
examiner fail to establish the obviousness of the design claim on
appeal within the meaning of 35 U.S.C. § 103.
The test for determining obviousness of a claimed
design under 35 U.S.C. § 103 is whether the design would have
been obvious to a designer of ordinary skill who designs articles
of the type involved. In re Carter, 673 F.2d 1378, 1380, 213
USPQ 625, 626 (CCPA 1982) and In re Nalbandian, 661 F.2d 1214,
2
Page: Previous 1 2 3 4 5 Next
Last modified: November 3, 2007