Appeal No. 2000-1221
Application No. 29/070,030
number of central raised portions shown in the Bonko '631
design would, of course, yield a design which is strikingly
different from the appellant's design.
Moreover, it is significant that the outer raised
portions of the Bonko '631 tire are oriented relative to one
another such that each pair presents an overall impression of
a diagonal line. In contrast, the outer raised portions of
the appellant's design and the Bonko '923 design are oriented
relative to one another such that each pair presents an
overall impression of a partial "V" configuration. Given the
significant difference in the overall impressions presented by
the Bonko '923 and Bonko '631 designs, it is not apparent to
us, absent the appellant's own design, which orientation
(direction of lean), if any, the Bonko '631 design would have
suggested to the ordinary designer for the raised portions of
the Bonko '923 design.
From our perspective, the only suggestion for putting the
selected design features from the references together in the
manner proposed by the examiner to arrive at the appellant's
design is found in the luxury of hindsight accorded one who
first viewed the appellant's design. We therefore conclude
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