Appeal No. 98-1689
Application No. 07/715,259
curved screen, etc.” Thus, there is no support for an icon
embodied in the article of manufacture now attempted to be
shown by appellants with broken lines. There is no evidence
that appellants had possession of the particular design, i.e.,
the page retrieval icon embodied in a screen in the particular
manner shown by the amended drawings, at the time of filing
the application. For the reasons given by the examiner at
pages 4-11 of the answer, which we adopt as our own, we will
sustain the rejection of the design claim under 35 U.S.C. 112,
first paragraph.
As an additional reason for sustaining this rejection, we
note that the evidence indicates that at the time of filing
the original application, appellants had no intention of
disclosing or claiming a computer display with a page
retrieval icon, but, rather, appellants were interested only
in obtaining protection for the design of the icon, itself.
We note the title of the application, “Page Retrieval Icon For
a Computer Display” [emphasis ours]. Thus, the display,
itself, and/or the icon’s relationship with such display
appears to have been of no interest to appellants. It was
clearly the icon, itself, for use with or on a computer
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