Appeal No. 99-1024
Application 29/062,504
substantially the full width of the respective wrist or ankle
weights. In contrast, the claimed design includes relatively
short transverse lines of stitching which extend through only
the center third or so of the wrist or ankle weight width.
These relatively short transverse lines of stitching imbue the
claimed design with an overall appearance which differs
substantially from the starkly segmented visual effect
afforded by the full width lines of stitching disclosed by
Winston. Thus, while the combined teachings of the Winston
design and the prior art design discussed by Winston arguably
would have suggested certain components of the claimed design,
they would not have suggested its overall appearance.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 103 rejection of the appealed claim as being unpatentable
over Winston.
The decision of the examiner is reversed.
REVERSED
JAMES M. MEISTER )
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