Appeal No. 99-0065 Page 5
Application No. 29/051,335
design. Furthermore, from our perspective, it is clear that
designs other than that of the claimed design, such as ones
with widened end portions, for example, could be utilized
within the functional objectives and the scope of the claims of
the referenced patent. It therefore is our view that
Castiglione buttresses the appellant’s position, rather than
the examiner’s.
It is our conclusion that the claimed design is not
dictated solely by functional considerations and therefore does
not run afoul of 35 U.S.C. § 171. This being the case, we will
not sustain the rejection.
The decision of the examiner is reversed.
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007