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 4Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007