Appeal No. 99-1010
Application 29/062,011
evidence before us as to the shape or size or configuration or
whatever of such a concep-tualized, known in the art circular
hole for flower pots.
Such an approach has been highly disfavored in accordance with
the court's reasoning in In re Harvey, 12 F.3d 1061, 1063, 29
USPQ2d 1206, 1208 (Fed. Cir. 1993).
As a matter of law and practice and procedure, the
examiner's rejection cannot be sustained. Therefore, the
decision of the examiner rejecting the design claim on appeal
under 35 U.S.C. § 103 is reversed.
REVERSED
James D. Thomas )
Administrative Patent Judge )
)
)
)
Lawrence J. Staab ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Terry J. Owens )
Administrative Patent Judge )
Daniel P. Burke
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