Appeal No. 98-1692
Application No. 07/715,145
The ornamental design for A COMPUTER DISPLAY as shown and
described.2
The claim was amended to read as such in an amendment
filed January 22, 1997 (Paper No. 18). As originally filed,
the claim read as follows:
The ornamental design for a MERGE 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.
2While the brief indicates [at page 11] that the claim on
appeal is: “The ornamental design for a MERGE ICON FOR A
COMPUTER DISPLAY as shown and described” and the examiner
agrees [see page 3, paragraph 8 of the answer], our review of
the record indicates that the amendment of January 22, 1997
changed this to “The ornamental design for A COMPUTER DISPLAY
as shown and described” and we find no entered amendments [nor
does the answer indicate such] amending the claim after that
point.
2
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