Ex parte CASTIGLIONE - Page 2




          Appeal No. 99-0065                                         Page 2           
          Application No. 29/051,335                                                  


               This is an appeal from the final rejection of the                      
          following design claim:                                                     
               The ornamental design for a NOSE CLIP for a filtering                  
               face mask, as shown and described.                                     
               The design is depicted in two front perspective views                  
          (Figures 1 and 6), and in front, top, side and bottom                       
          elevational views (Figures 2-5).                                            


                                    THE REFERENCE                                     
               The sole reference cited by the examiner is:                           
          Castiglione              5,558,089                     Sept. 24,            
          1996                                                                        


                                    THE REJECTION                                     
               The design claim stands rejected under 35 U.S.C. § 171 as              
          being directed to non-statutory subject matter in that it lacks             
          ornamentality.                                                              
               The rejection is explained in the Examiner’s Answer (Paper             
          No. 15).                                                                    
               The opposing viewpoints of the appellant are set forth in              
          the Brief (Paper No. 14) and the Reply Brief (Paper No. 16).                
                                       OPINION                                        







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