Appeal No. 1998-2173
Application No. 08/829,620
"Rosen" reference. The appellants argue that Bird does not.
We need not consider this issue, however, because even
assuming that Bird is a sufficient "Rosen" reference which
discloses essentially the same basic design as that of the
appellants, we reject the examiner’s position that an ordinary
designer would have been motivated to provide the exposed
surface of the shingle
disclosed by Bird with light and dark areas in view of the
teaching of Olsen.
The appellants’ design is for a roofing hip and ridge
cover which includes the ornamental appearance of a
rectangular upper layer and a lower layer approximately half
the size of the upper layer. As shown in appellants’ Figures
1 and 2, the upper surface, i.e., the surface of the hip and
ridge cover exposed to view when installed on a roof, has the
appearance of light and dark areas of comparable size. The
upper and lower layers create the visual impression of a pair
of coplanar edges of comparable length having squared off
corners and a visible break line between the upper and lower
layers.
It is the examiner’s position that the only significant
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