Appeal No. 97-3184
Application 29/048,245
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.
In Walen, however, the sloping sides which define the cut-out do
not intersect the curved outer periphery of the hub at all.
Instead, Walen’s sloping sides intersect a horizontal surface of
significant extent that in turn intersects with the curved outer
periphery of the hub, thus giving the end of the hub of Walen a
significantly truncated appearance vis-à-vis the end of the hub
in the claimed design. In our view, the large V-shaped cut-out
in the end of the hub of the claimed design, 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,
creates a distinctive overall appearance that is not suggested by
the relied on prior art.
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