Appeal No. 97-3411
Application No. 29/029,284
DECISION ON APPEAL
This is an appeal from the final rejection of the
following design claim:
The ornamental design for a pull handle, as shown
and described.
According to appellants (Brief, page 2), the ornamental
design for the pull handle includes barrel-shaped circular legs
joined by a gently arcing gripping portion. The bottom of the
gripping portion is described as having a very slight arc, and
the width of the gripping portion is described as being uniform.
The references relied on by the examiner are:
Amerock pull handle 937-CW2, Amerock Hardware Catalog C-2094,
August 1984, page 18.
Pull handle HD9852, Forms + Surfaces Catalog 83, 1989, page 36.
The design claim on appeal stands rejected under 35 U.S.C.
§ 103 as obvious. As evidence of obviousness, the examiner
relies on the Amerock pull handle 937-CW2 in view of the Forms +
Surfaces pull handle HD9852. According to the examiner (Answer,
page 4):
The Amerock pull has a configuration which is
substantially identical to that of the claimed design
except for the peak under the gripping portion, the
inclusion of a floral pattern on the upper surface
which has slightly curved edges, and the shape of the
legs.
The Forms + Surfaces pull has a flat surface under
2
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