Appeal No. 98-1693
Application D-07/343,182
line placed around an icon, in our view, does not constitute
an embodiment of the icon design in an article of manufacture.
In this regard, we direct attention to Strijland at 26 USPQ2d
1263, wherein that panel of the Board indicated that:
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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