Appeal No. 2000-0658
Application 29/084,939
barrel and handle portions of the Lo design, and the shape and
relative position of the convex bubble of the claimed design
versus the shape and relative position of the convex bubble of
the Lo design imbue the claimed design with an overall
appearance which differs significantly from that of the Lo
design. Thus, the differences between the two designs cannot
be dismissed as involving merely de minimis changes. Inasmuch
as the examiner has failed to advance any evidentiary basis to
support a conclusion that the above noted differences are such
that the claimed design as a whole would have been obvious at
the time the invention was made to a designer of ordinary
skill, we shall not sustain the standing 35 U.S.C. § 103(a)
rejection of the appealed claim as being unpatentable over Lo.
The decision of the examiner is reversed.
REVERSED
HARRISON E. McCANDLISH )
Senior Administrative Patent Judge)
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