Appeal No. 98-1691
Application No. 07/715,262
Appellants request that we reconsider our decision of
July 13, 1998 wherein we affirmed the examiner’s decision in
rejecting the design claim under 35 U.S.C. 112, first
paragraph, as relying on an inadequate written description and
under 35 U.S.C. 171 as being directed to nonstatutory subject
matter.
Appellants’ request alleges three fundamental errors in
our decision:
1. The sustaining of a “new matter” rejection for the
addition of a broken-line background “computer display” to the
drawings, notwithstanding repeated express disclosures of
“computer display” in the filed design patent application.
2. The application of a “no intent to claim” doctrine,
notwithstanding the legal inapplicability of any such doctrine
to original design patent applications.
3. Application of a standard for patentable subject
matter and disclosure that is inconsistent with USPTO
guidelines for computer display icons and CAFC precedent.
We will respond to appellants’ allegations in the order
in which they are made:
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