Appeal No. 2000-0543 Page 5
Application No. 29/066,640
The feet of the instant claimed design may have a
functional purpose but they are also ornamental in nature since
any number and/or other types of feet (shorter, longer, etc.)
could have been used for the functional purpose but appellant
chose the feet depicted in the figures showing the speaker
design for their ornamental purpose. Accordingly, we do not
agree that the examiner may ignore this part of the design
merely because the feet serve a functional, as well as an
ornamental, purpose.
Since Wright does not disclose all the elements of the
claimed design, the examiner’s rejection of the design claim
under 35 U.S.C. 102(b) is not sustained and the examiner’s
decision is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
)
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007