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 -4-Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007