Appeal No. 1999-1569
Application 29/021,723
“[t]he head has bilateral symmetry, as it is equally
proportioned on opposite sides of vertical and horizontal
lines. The outline of the head is an arbitrary shape.” The 2
examiner submits that appellant’s testimony “did not disclose
any areas of the invention as being created for ornamental
purposes” (answer, page 3).
The evidence of record with respect to the designs of
combine platform auger finger guides known in the art is
provided by the utility patents supplied in the information
disclosure statement filed by appellant on August 8, 1994
(Paper No. 3) and the utility patents supplied by the examiner
in the Office action of March 21, 1995. It is apparent from
even a cursory review of this patent literature that the
design of each auger finger guides is dictated by, inter alia,
the shape, size and movement of the particular auger finger,
provision for bearing surfaces and/or lubrication as required
in each instance, the mating of the guide to the aperture in
the wall of the augur drum through which the finger moves in
2Declaration Under 35 CFR §1.131 [sic, 37 CFR § 1.132],
filed July 3, 1995 (Paper No. 6; ¶ 2). See also brief (pages
1-2).
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