Appeal No. 98-1690
Application No. 07/715,257
The claim was amended to read as such in an amendment
filed December 19, 1996 (Paper No. 10). As originally filed,
the claim read as follows:
The ornamental design for a JOB MANAGER ICON FOR A
COMPUTER DISPLAY OR THE LIKE as shown and described.
There are no references relied on by the examiner.
The sole claim on appeal stands rejected under 35 U.S.C.
112, first paragraph, as relying on an inadequate written
description, the examiner contending that the proposed drawing
amendment (filed May 24, 1993) of a rectangular display screen
in broken lines around the previously depicted icon
constitutes new matter as there is inadequate support for a
computer display screen in the application as originally
filed.
The claim stands further rejected under 35 U.S.C. 171 as
being directed to nonstatutory subject matter regarding design
claims.
Reference is made to the brief and answer for the
respective positions of appellants and the examiner.
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