Appeal No. 1999-0356
Application 29/050,057
Taniguchi et al. (Taniguchi) D 346,819 May
10, 1994
The appealed design claim stands rejected under 35 U.S.C.
§ 103 as being unpatentable over Taniguchi.
We have carefully reviewed the entire record, including
all of the arguments advanced by the examiner and appellants.
This review leads us to conclude that the examiner’s § 103
rejection is not well-founded. Accordingly, we will not
sustain the examiner’s § 103 rejection for substantially the
reasons set forth in the brief. We add the following
primarily for emphasis.
In rejecting the appellants’ design claim, the examiner
concedes that Taniguchi does not show an identical shape, but
contends that the difference between the claimed design and
the applied prior art is unpatentable. The Examiner asserts
[answer, page 5] that she “believes she has found a Rosen
reference in Taniguchi.” The Examiner further states [id. 5]
that “[the overall appearance of the subject design is very
similar to the overall appearance of the [Taniguchi]
reference.”
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