Ex Parte DAVIS - Page 2



          Appeal No. 1995-4961                                                        
          Application No. 29/014,077                                                  

                                      PRIOR ART                                       
               In rejecting the claim, the examiner relies on the following           
          prior art:                                                                  
          Carlton                  3,568,290                Mar. 9, 1971              
          Gagon, “Tennis Tip,” in Tennis Magazine, July, 1980, 36.                    
          (Hereinafter referred to as “Gagon”).                                       
          “Fischer Superform Mid.,” in Tennis Magazine, July, 1980, 78.               
          (Hereinafter referred to as “Fischer”).                                     
               The claim stands rejected under 35 U.S.C.  103 as                     
          unpatentable over Gagon in view of Carlton and Fischer.                     
                                       OPINION                                        
               Rather than reiterate the conflicting viewpoints advanced by           
          appellant and the examiner in support of their respective                   
          positions, reference is made to the Brief, Reply Brief, Answer              
          and final Office action for the full exposition thereof.                    
               For the reasons set forth below, we will not sustain the               
          rejection of the claim under 35 U.S.C.  103 and, pursuant to the           
          provision of 37 CFR  1.196(a), we will remand this application             
          to the examiner for further action.                                         
                                 PRIOR ART REJECTION                                  
               In rejecting a claim to an ornamental design under 35 U.S.C.           
           103, the examiner has the burden of supplying a basic reference           
          which illustrates “design characteristics which are 'basically              
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