Appeal No. 2000-0658
Application 29/084,939
shown and described.
Drawing Figures 1 through 4, copies of which are appended
hereto, show the claimed bat design to embody a cylindrical
barrel portion having a relatively large diameter, a
cylindrical handle portion having a relatively small diameter,
a knob at the free end of the handle portion, and a tapered
transition portion and convex bubble between the barrel and
handle portions.
The claim stands rejected under 35 U.S.C. § 103(a) as
being unpatentable over U.S. Patent No. Des. 344,777 to Lo.
Lo discloses a baseball bat design having a tapered
barrel portion, an oppositely tapered handle portion, a knob
at the free end of the handle portion, and a convex bubble
between the barrel and handle portions.
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. In re Rosen,
2
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