Ex parte VON WEISSENFLUH et al. - Page 2




          Appeal No. 98-2888                                                          
          Application No. 29/044,927                                                  


               This is an appeal from the final rejection of the                      
          following design claim:                                                     
               The ornamental design for a combined abrasive disk                     
               and spindle for dental use, as shown and described.                    
               The design is depicted in front and rear perspective                   
          views (Figures 1 and 2), in rear, front and side elevational                
          views (Figures 3-5), and in bottom and top plan views (Figures              
          6                                                                           
          and 7).                                                                     
                                   THE REFERENCES                                     
               The references applied by the examiner are:                            
          Wooster                       534,540                  Feb. 19,             
          1895                                                                        
          DuBe et al. (DuBe)            4,988,294                Jan. 29,             
          1991                                                                        



                                    THE REJECTION                                     
               The design claim stands rejected under 35 U.S.C. § 103 as              
          being unpatentable over Wooster in view of DuBe.                            
               The rejection is explained in the Examiner’s Answer                    
          (Paper No. 12).                                                             



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