Appeal No. 98-0070
Application 29/019,900
enclosed floor space, and (2) the presence of hinges in Misco’s
storage pen. In our view, the height of the compartments as well
as the use of hinges is dictated solely or at least primarily by
functional considerations of a storage pen.
For the foregoing reasons, we do not sustain the rejection
of the claimed design over Miscoe.
Conclusion
The rejection of the design claims over Allen and Unilever
is reversed.
The rejection of the design claim over Miscoe is also
reversed.
REVERSED
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