Appeal No. 2000-1348
Application No. 29/092,024
extending slots therein, and a smaller horizontal ledge
extending outwardly from a bottom edge of the upstanding
panel.
The references of record relied upon by the examiner in
support of a rejection under 35 U.S.C. § 103 are:
Nagley Des. 262,978 Feb. 9,
1982
Stadtmauer 5,443,237 Aug. 22,
1995
The claim stands rejected under 35 U.S.C. § 103 as being
unpatentable over Stadtmauer in view of Nagley.
The examiner considers that the ornamental design of
Stadtmauer’s document holder 25 is substantially the same as
the claimed design, and that Nagley shows a copy holder made
from transparent material. Based on these findings, the
examiner concludes that it would have been obvious to a
designer of ordinary skill “to modify the document holder of
Stadtmauer so as to be made of the transparent material as
suggested by Nagley” (answer, page 3). The examiner
recognizes that the modified ornamental design of Stadtmauer
would differ from appellant’s design in certain respects, in
particular in the appearance of the vertically extending slots
2
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