Appeal No. 98-0361
Application 08/394,725
The examiner's reliance on Simon to overcome this deficiency
is not well taken.
Simon discloses a hat which arguably has a crown
component and a rim/bill component. The hat includes
ornamentation having first and second 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 the first part of the
ornamentation (see Figures 1 and 2). According to the
examiner, "[t]o position the ornamentation 'C' in Fig. 6 of
Kellin so that it overlaps and is attached to both the crown
and rim/bill as suggested by Simon would have been obvious
since this would involve an obvious matter of design choice"
(answer, page 4).
The drawing figures of Kellin and Simon indicate,
however, that the hats disclosed by these references are quite
distinctive from one another. Whereas the Kellin hat is a
typical baseball-type cap, the Simon hat is essentially cone-
shaped with the rim/bill constituting a downward skirt-like
extension of the crown. This rim/bill configuration and
orientation differ markedly from those of the Kellin rim/bill.
4
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007