Appeal No. 99-0837
Application No. 29/074,268
Nalbandian, 661 F.2d 1214, 1216, 211 USPQ 782, 784 (CCPA
1981).
To such a designer of ordinary capability, we are of the
view that the cumulative effect of the foregoing differences
between the claimed design and the naturally occurring form of
a coconut creates a significant and patentably distinct
departure of the overall appearance of the claimed design from
the naturally occurring form of a coconut as shown in the
above-mentioned photographs. The claimed design therefore
satisfies the “originality” requirement in § 171.
Accordingly, we cannot sustain the examiner’s § 171 rejection
of the appealed claim.
12
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007