Appeal No. 98-1693
Application D-07/343,182
This is a decision on appeal from the final rejection of
the
only claim pending:
-- The ornamental design for the touch video graphic
icon for copy trim function as shown. --
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 April 26, 1993) of a rectangular screen in
broken lines around the previously depicted icon constitutes
new matter as there is inadequate support for a video touch
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.
OPINION
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