Appeal No. 99-1010
Application 29/062,011
The examiner has relied upon the following reference:
Gardner, The Glass of Frederick Carder, Crown Publishers,
Inc., New York, “Plate XXIII, B, Mandarin yellow Group”
(copyright 1971)[hereinafter Carder)
The claim stands rejected under 35 U.S.C. § 103. As
evidence of obviousness, the examiner relies upon Carder
alone.
We refer to the brief and the answer for the respective
positions of the appellant and the examiner.
OPINION
“In determining the patentability of a design, it is the
overall appearance, the visual effect as a whole of the
design, which must be taken into consideration.” See In re
Rosen,
673 F.2d 388, 390, 213 USPQ 347, 349 (CCPA 1982). Where the
inquiry is to be made under 35 U.S.C. § 103, the proper
standard is whether the design would have been obvious to a
designer of ordinary skill who designs articles of the type
involved. See
2
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