Appeal No. 98-0361
Application 08/394,725
U.S.C. § 103 as being unpatentable over Kellin in view of
Simon or Rife.
Reference is made to the appellant's main and reply
briefs (Paper Nos. 13 and 15) and to the examiner's answer
(Paper No. 14) for the respective positions of the appellant
and the examiner with regard to the merits of these
rejections.
Kellin, the examiner's primary reference, discloses a
baseball cap 32 having ornamentation in the form of separate
decorative elements disposed over its external surface.
Figure 6 shows that some of the decorative elements are
attached to the crown of the cap and at least one decorative
element is attached to the rim/bill. As tacitly conceded by
the examiner, Kellin does not teach, and would not have
suggested, a headwear piece meeting the limitations in
independent claims 1 and 9 requiring first and second
ornamentation parts which fully conform to or follow the
contour of the crown and rim/bill, respectively, such that the
second part of the ornamentation is a unitary continuation of
and angularly disposed relative to the first part of the
ornamentation to produce a three-dimensional visual effect.
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