Appeal No. 98-0068
Application 29/030,090
DECISION ON APPEAL
This is an appeal from the final rejection of the
following design claim:
The ornamental design for an AUTOMOBILE as
shown and described.
As described in the specification (page 2), Figures 1
through 7 correspond to perspective right side, perspective right
side, rear, perspective left side, front, rear, and top views,2
respectively, of the claimed automobile design.
As evidence, the examiner has applied the document
specified below:
Autocar & Motor, “BMW carves a new benchmark,” November 3, 1993,
pages 36, 37.
The following rejection is the sole rejection before us
for review.
2The description of Figure 2 in the specification is
inconsistent with the portrayal of the automobile in Figure 2.
The showing in Figure 2 is not a right side perspective view, but
simply a right side view. The description in the brief (page 2)
correctly describes Figure 2 as a right side view.
2
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