Ex parte MEYER - Page 2




          Appeal No. 2000-0553                                                        
          Application No. 29/079,653                                                  


               As seen in Figures 1 through 7, the uncurved top surfaces              
          of the blades are flush with the top surfaces of the handle                 
          portions of the cake cutter, and the lower surfaces of the                  
          handle portions are in a near right-angle relationship with                 
          vertically extending portions of the blades.  The cutting edge              
          of the blades is straight, and this straight edge forms a                   
          rounded right angle with the vertically extending portions of               
          the blades.  The cutting edges of the blades are also in a                  
          parallel relationship with the top surfaces of the handle                   
          portions and the uncurved top surfaces of the blades.  The top              
          surfaces of the blades slope downwardly and meet at a V-shaped              
          junction.  The height of this V-shaped junction is less than                
          the height of the two vertically extending portions of the                  
          blades.                                                                     
               The references relied on by the examiner are:                          
          Haugland                 2,600,646                     June 17,             
          1952                                                                        
          Harvey                   D159,729                 Aug. 15, 1950             
               The design claim on appeal stands rejected under 35                    
          U.S.C.                                                                      
           103 as obvious.  As evidence of obviousness, the examiner                 
          relies on Haugland because it “is similar to applicant’s                    
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