Appeal No. 98-1906
Application D29/045,336
Opinion
From a cursory review of appellant’s drawings, it is
clear that the illustrated design is rather plain in
appearance. One of the predominate visual features of the
design is the vertical back seam that extends almost the
entire extent of the backside of the undergarment and joins
the pointed end of the crotch close to the bottom. The
resulting appearance when viewed from the back is one of large
left and right panels that predominate over the relatively
small triangular shaped section of the crotch visible from the
back. Turning now to Milberg’s figure 2, we see that the
vertical back seam 14 joins to the pointed end of the crotch
at a location 15 in the middle of the garment. The resulting
appearance is one where a relatively large section of the
crotch
is visible such that left and right panels on either side of
the vertical back seam do not predominate over the triangular
shaped section of the crotch to the same extent as in the
claimed design. This being the case, the examiner’s
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Last modified: November 3, 2007