Appeal No. 1999-2020
Application D-29/058,031
disk, as shown and described.
The examiner has relied upon the following reference:
Benne et al. (Benne) 4,747,093 May 24, 1988
The design claim stands rejected under 35 U.S.C. § 103.
As evidence of obviousness, the examiner relies upon Benne
alone.
We refer to the briefs and the answer for the respective
positions of the appellants and the examiner.
OPINION
Having considered the obviousness issue raised in this
appeal in light of the teachings of the applied prior art and
in light of the examiner's remarks and appellants' arguments,
it is our conclusion that the examiner's rejection of the
present design claim must be affirmed.
“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
2
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