Appeal No. 97-3183
Application 29/046,917
1216, 211 USPQ 782, 784 (CCPA 1981). The appellants’ design lies
in the realm of designers of surgical saw blade hubs.
In order to support a holding of obviousness under
section 103, there must be a reference, a something in existence,
the design characteristics of which are basically the same as the
claimed design. Such a reference is necessary whether the
holding is based on the basic reference alone or on the basic
reference in view of modifications suggested by secondary refer-
ences. In re Rosen, 673 F.2d 388, 391, 213 USPQ 347, 350 (CCPA
1982).
Although we agree with the examiner that Goris can be
considered a Rosen reference, we do not believe that a combined
consideration of Goris, Walen and Mongeon establishes the
obviousness of the appellants’ design. In particular, we observe
that the claimed design has a large V-shaped cut-out wherein the
sloping sides that define the ?V? intersect with the curved outer
periphery of the hub in such a manner so as to form a sharp edge.
The examiner, by stating on page 3 of the answer that the claimed
design differs from Goris, inter alia, by ?a v-shaped opening
extending to its outer periphery,? appears to recognize that
Goris fails to teach or suggest such a feature and, in an effort
to overcome this deficiency, relies on the teachings of Walen.
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