Appeal No. 98-1900
Application D-07/715,260
EDGE TRIM ICON FOR A COMPUTER DISPLAY OR THE LIKE as shown and
described” as being directed to nonstatutory subject matter
under 35 U.S.C. § 171. 3
Unfortunately for appellants, Strijland was decided after
the filing of this application. So, in a valiant effort to
comply with Strijland and the Guidelines, appellants amended
the claim to read, “The ornamental design for A COMPUTER
DISPLAY as shown and described.” Further, appellants amended
the
description of the drawings and entered a disclaimer into the
specification regarding broken line illustrations in the
drawings. Most importantly, appellants amended the drawings
to show broken lines around the original depiction of the
icon.
The examiner contends that such amendments constitute new
matter and that there is no support in the original disclosure
3This claim would also be properly rejectable under
35 U.S.C. § 112, second paragraph, for the reasons set forth
in Strijland, at 26 USPQ2d 1262 regarding the language “OR THE
LIKE.” The examiner withdrew this rejection in light of
appellants’ amendment of December 19, 1996.
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