Appeal No. 98-1906
Application D29/045,336
invention is directed to the ornamental design for a woman’s
panty or brief having, inter alia, a pentagonal shaped crotch
piece (fig. 3) and a vertical back seam arranged such that,
when the panty or brief is viewed from the back (see, for
example, fig. 2), only a small pointed end of the crotch piece
is visible beneath the vertical back seam.
The single reference of record relied upon by the
examiner in support of a rejection under 35 U.S.C. § 103 is:
Milberg 2,651,048 Sept. 8,
1953
The claim stands rejected under 35 U.S.C. § 103 as being
unpatentable over Milberg.
The examiner's rationale for the rejection is found on
pages 3 and 4 of the first office action (Paper No. 4) and
reads as follows:
7. The overall appearance of [the] claimed design
is substantially disclosed by Milberg Figures 1 and
2[], except that the front crotch seam is slightly
rounded and the rear pointed end is slightly taller
than in [the] claimed design.
3
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