Appeal No. 98-0361
Application 08/394,725
of claims 1 through 24, all of the claims pending in the
application. We reverse.
The invention relates to "headwear of the type having a
crown and an associated depending rim/bill and, more
particularly, to a headwear piece with coordinated
ornamentation on the crown and rim/bill that produces a unique
visual effect" (specification, page 1). A copy of the
appealed claims appears in the appendix to the appellant's
main brief (Paper No. 13).
The items relied upon by the examiner as evidence of
obviousness are:
Simon Des.188,029 May 24, 1960
Rife et al. (Rife) 5,111,366 May 5, 1992
Kellin et al. (Kellin) 5,136,726 Aug. 11,
1992
The item relied upon by the appellant as evidence of non-
obviousness is:
The 37 CFR § 1.132 Declaration of Robert
Kronenberger filed November 27, 1995 (part of Paper
No. 7)
Claims 1 through 11 and 14 through 24 stand rejected
under 35 U.S.C. § 103 as being unpatentable over Kellin in
view of Simon, and claims 12 and 13 stand rejected under 35
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