Ex parte HARUNA - Page 11




          Appeal No. 1999-2020                                                        
          Application D-29/058,031                                                    



          any color may be utilized in that region.  There is no                      
          difference in shape between the applied prior art and the                   
          claimed invention.  The existing state of the law appears to                
          compel a conclusion that                                                    
          transparency is a form of coloring and therefore obvious                    
          within 35 U.S.C. § 103 for designs.  We affirm the examiner's               
          rejection of the design claim on appeal.                                    
























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