Appeal No. 2000-1221
Application No. 29/070,030
The following rejection is before us for review.
The claim stands rejected under 35 U.S.C. § 103(a) as
being unpatentable over Bonko '923 in view of Bonko '631.
Reference is made to the brief (Paper No. 11) and the1
answer and supplemental answer (Paper Nos. 12 and 14) for the
respective positions of the appellant and the examiner with
regard to the merits of this rejection.
OPINION
Having carefully considered the respective positions
advanced by the appellant in the brief and by the examiner in
the answer, it is our conclusion that the references relied on
by the examiner fail to establish a prima facie case of
obviousness of the design claim on appeal within the meaning
of 35 U.S.C. § 103. Our reasons for this conclusion follow.
The test for determining obviousness of a claimed design
under 35 U.S.C. § 103 is whether the design would have been
obvious to a designer of ordinary skill who designs articles
of
Any references to the "brief" in this decision are to the corrected1
brief filed October 5, 1998.
2
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