Appeal No. 2000-0224 Page 3
Application No. 29/081,424
as the claimed design and that, thus, neither reference satisfies "the Rosen test." Further, the
appellant argues that the pipes of Richards and Stokes are not so related that the appearance of
certain ornamental features in one patent would suggest the application of those features to the
other (brief, pages 5 and 6). Additionally, the appellant urges that, since the Richards pipe is
not intended for use as a liquid and sediment collector, the modification of the Stokes pipe
proposed by the examiner would not have been obvious to a designer of ordinary skill who
designs liquid and sediment collectors and liquid traps (brief, pages 6 and 7).
We note, at the outset, that this design application illustrates four embodiments of the
invention. The first embodiment, illustrated in Figures 1-6, is a pipe, open at both ends,
comprising one relatively long leg and a significantly shorter leg, with the two legs being
connected by a 90 degree bend. The radius of curvature of the inside curve of the bend
appears to be approximately equal to the diameter of the pipe. The second, third and fourth
embodiments, illustrated in Figures 7-12, 13-18 and 19-24, respectively, include the first and
second leg connected by a 90 degree bend of the first embodiment and additionally include
from one to three short segments extending perpendicularly outwardly from the longer leg in a
direction parallel to the shorter leg. The ends of the additional short segments, which are open,
lie in the same plane as the open end of the shorter leg. While it is true that multiple
embodiments can be presented in a design application only if they involve a single inventive
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