Appeal No. 98-2889
Application 29/022,106
leg as shown and described.
No references have been relied upon by the examiner in
rejecting the claim.
The appealed claim stands rejected under 35 U.S.C. § 171
as lacking ornamentality because the design is for a device
that is hidden from view in the final stage of its commercial
life.
The appealed claim stands further rejected under 35
U.S.C. § 171 as being primarily functional rather than
ornamental in use.
The Hidden from View Rejection
According to the examiner, a prima facie case of lack of
ornamentality has been established in this case because
references cited during prosecution clearly show that articles
of the type claimed herein are hidden from view in their final
use.2
Appellant does not dispute that articles of the type
claimed herein are hidden from view in their final use.
2As an example, the examiner directs our attention to
Fig. 1 of U.S. Patent 4,136,295.
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