Ex parte MORSE et al. - Page 4

          Appeal No. 98-0919                                                          
          Application 29/042,395                                                      


               Accordingly, since Cummings is not a "Rosen reference",                
          secondary references such as McLean cannot properly be used to              







          modify it to create a design with same overall appearance as                
          that                                                                        
          claimed herein.  The rejection will therefore not be                        
          sustained.                                                                  
               The examiner's decision to reject the claim is reversed.               
                                      REVERSED                                        






                    IAN A. CALVERT               )                                    
                    Administrative Patent Judge  )                                    
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                    BRADLEY R. GARRIS            )     APPEALS AND                    
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