Appeal No. 97-3824
Application 29/042,728
destroy fundamental characteristics of the reference design.
Rosen, 673 F.2d at 391, 213 USPQ at 350.
The examiner (Answer at 3) explains that Yewer, the
principal reference, "discloses a belt with a strap and buckle
like that of the claimed design" but which differs from the
claimed design in that it lacks the following features: "the
overlapping contoured belt, the strap with loop and pile
closing means, and the rear tab." Of these differences,
appellant relies on only the contouring and the rear tab.
However, appellant's descriptions of these features contain
some inaccuracies. More particularly, whereas appellant
argues that Yewer fails to disclose "a back portion having
parabolic shaped upper and lower edges" (Opening Brief at 3),
it is not apparent from appellant's drawings that these edges
are parabolic. In our view, the shape of these edges is more
correctly described as simply convex (Yewer's corresponding
edges are straight). Appellant also describes the contour of
claimed belt design as including "side portions having concave
shaped upper edges and convex shaped lower edges which extend
between the back portion and the overlapping end portions"
(our emphasis) (Opening Brief at 3). However, it is apparent
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Last modified: November 3, 2007