Appeal No. 98-0964
Application 08/557,436
declaration (Exhibit I of the brief) or appellant’s arguments
which specifically addresses the “first and second hatch
surfaces” set forth in claim 23. We note that the
specification of the present utility application (page 8)
describes the kayak (10) as comprising
“first, second, and third hatch surfaces 54, 56 and
58. Hatches formed in these surfaces 54, 56 and 58
allow access to the interior of the kayak 10, and
hatch covers 60, 62 and 64 may be employed to cover
the hatches to keep the interior of the kayak 10
dry.”
While it is true that Figures 14 and 16 of the ‘506 design
application show three spaced cylindrical projections
extending slightly above the seating deck area, we see nothing
in the ‘506 design application which would convey to the
artisan that such projections are anything other than
ornamental features of the water craft therein, that is,
merely ornamental cylindrical projections.
Moreover, even if we assume that one of ordinary skill in
the art may have possibly construed such projections to be
hatch covers or surfaces thereof, we note that this
possibility alone is not a sufficient indication to that
9
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007