Appeal No. 1999-0410
Application 29/063,883
whether or not the new photographs filed December 5, 1997 have
introduced new matter into the application. In this regard,
it is readily apparent from a perusal of the originally filed
photographs and those filed on December 5, 1997 that the
photographs as originally filed create a somewhat different
visual impression of the claimed design than that which is
derived from looking at the newly filed photographs submitted
on December 5, 1997. The lighter/brighter photographs filed
on December 5, 1997 show what is apparently a more detailed
depiction of the upholstery film pattern than that which is
discernable from the darker photographs which were originally
filed by appellant. Thus, there is an issue as to whether or
not the change in the appearance of the claimed design
occasioned by the newly filed
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