Appeal No. 2000-1221 Application No. 29/070,030 spaced central raised portions. The central raised portions also appear to have the same shape as those of the appellant's claimed design. Thus, from our perspective, Bonko '923 satisfies the Rosen test, in that it is a something in existence, the design characteristics of which are basically the same as the claimed design. There is, however, a material difference between the appellant's design and Bonko '923 which produces an overall appearance that would be recognized as different by an ordinary designer of tires. In particular, alternating ones of the central raised portions of Bonko '923 extend in opposite directions with respect to one another, while those of the appellant's design all extend in the same direction. Contrary to the examiner's contention that this difference is de minimis (answer, page 4), it is our opinion that the2 aligned orientation of the central raised portions of the appellant's design does affect the appearance of the claimed design as a whole and the impression that the design would 2See Carter, 673 F.2d at 1380, 213 USPQ at 626. 4Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007