Appeal No. 98-1690
Application No. 07/715,257
It should be noted, however, we do not think
that merely illustrating a picture displayed on the
screen of a computer or other display device, such
as a television or movie screen, is sufficient,
alone, to convert a picture into a design for an
article of manufacture. Mere display of a picture
on a screen is not significantly different, in our
view, from the display of a picture on a piece of
paper. Only the medium of display is different.
Note, also, the special concurrence by Examiner-in-Chief
Stahl, at 12 USPQ2d 1264-1266.
We have sustained both the rejection under 35
U.S.C. 112, first paragraph, and the rejection under 35 U.S.C.
171.
Accordingly, the examiner’s decision is affirmed.
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