Appeal No. 99-0837
Application No. 29/074,268
as shown and described.
The Claimed Design
According to appellant’s specification, the drinking
glass as illustrated in Figures 1-6 of the drawings is “shaped
like a coconut . . .” In his brief (see page 2), appellant
describes the illustrated drinking glass as having “a
generally prolate ellipsoid shape with a flat bottom.” The
drinking glass is shown to have a circumferential parting line
dividing the drinking glass into what appellant describes on
page 2 of the brief as upper and lower hemispheres. The lower
hemisphere is truncated to provide the flat bottom. The upper
hemisphere is shown to have three indentations or depressions
which are symmetrically arranged about the upper extremity of
the hemisphere.
The Appealed Rejection
The appealed claim stands rejected under 35 U.S.C. § 171
“as being directed to non-statutory subject matter as it
simulates a naturally occurring object and, therefore, lacks
originality” (answer, page 4). There are no other rejections
of the appealed claim, and no prior art has been cited in
support of the standing rejection. Accordingly, the only issue
2
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