Ex parte TANIGUCHI et al. - Page 4




         Appeal No. 1999-0356                                                      
         Application 29/050,057                                                    


         ordinary skill who designs articles of the type involved.  See            
         In re Nalbandian, 661 F.2d 1214, 1217, 211 USPQ 782, 785 (CCPA            
         1981). Furthermore, as a starting point when a § 103 rejection            
         is based on a combination of references, there must be a                  
         reference, a “something in existence,” the design                         
         characteristics of which are basically the same as the claimed            
         design.  Once a reference meets the test of a basic design                
         reference, ornamental features may                                        




         reasonably be interchanged with or added from those in other              
         pertinent references, when such references are “so related                
         that the appearance of certain ornamental features in one                 
         would                                                                     
         suggest the application of those features to the other.”  See             
         In re Rosen, 673 F.2d at 391, 213 USPQ at 350 (CCPA 1982); In             
         re Glavas, 230 F.2d 447, 450, 109 USPQ 50, 52(CCPA 1956); In              
         re Harvey, 12 F.3d 1061, 1063, 29 USPQ2d 1206, 1208 (Fed. Cir.            
         1993).  If, however, the combined teachings of the applied                
         references suggest only components of the claimed design, but             
         not its overall appearance, an obviousness rejection is                   
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