Ex parte GARIBOLDI - Page 4




          Appeal No. 98-0494                                                          
          Application No. 07/954,056                                                  


               The design of the claimed pantyhose article at issue in this           
          appeal has two aspects.  The first aspect of the claimed pantyhose          
          article is its appearance in an unstretched state as illustrated in         
          Figures 9 and 10.  See Specification, p.2 ("Figure 9 is a front view        
          of a collant or pantyhose article design according to the invention .       
          . . Figure 10 is a front view of another embodiment of the design . .       
          . .").  The second aspect of the claimed pantyhose article is its           
          appearance in a stretched state as illustrated in Figures 1, 11 and         
          12.  In this stretched state, the pantyhose article conforms to the         
          legs of the wearer and its shape is defined thereby.  Therefore, in         
          order to render the overall appearance of the claimed pantyhose             
          article obvious under 35 U.S.C. § 103, the combined teachings of            
          Harris and Fillmore must teach or suggest both aspects of the claimed       
          invention.                                                                  
               Although the examiner recognizes that there are two distinct           
          aspects of the claimed invention (see Answer, p.2), it appears that         
          the focus of the rejection at issue in this appeal is on the second         
          aspect of the invention, i.e., the appearance of the claimed                
          pantyhose article in its stretched state (Paper No. 4, p.4):                
                    The basic reference to Harris shows pantyhose similar             
               in general, overall appearance to the claimed design; and              
               Fillmore is cited for the disclosure of an analogous                   
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