Appeal No. 98-1692
Application No. 07/715,145
dispute that the icon which is the subject of the claimed
design is for use on a computer-related display. The question
before us, however, is whether there was adequate support in
the original disclosure for that which is now claimed, i.e.,
the icon originally shown in the drawings surrounded by a
broken line purporting to depict a computer display screen.
We find nothing in either of the declarations that convinces
us that there was, indeed, adequate support in the application
as originally filed for that which is now claimed.
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 merge icon,
but, rather, appellants were interested only in obtaining
protection for the design of the icon, itself. We note the
title of the application, as filed, “ Merge Icon For a
Computer Display Or The Like” [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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