Appeal No. 2000-1905
Design Application 29/095,094
'ornamental' ) was not created for the purpose of
ornamenting."
Analysis
Appellants argue that the equidistant spacing of the
groups of gripping knobs around the strap together with the
fact that they are grouped in a 3-by-3 pattern and the
pyramidal shape of the gripping knobs with rounded tops are
pure design features (Brief, Paper No. 9, p. 4). Appellants
filed a declaration (attached to Paper No. 5) by Robert
Jacoff, Vice President of the assignee, Great Neck Saw
Manufacturers, Inc. Mr. Jacoff states that the knob pattern,
spacing, and shape of the knobs give the design a distinctive
ornamental appearance and states that changes could be made
which would not affect the function, but would affect the
aesthetic appearance. Appellants further argue that the prior
patents cited by the Examiner together with those submitted by
Appellants in the Information Disclosure Statement (IDS)
(Paper No. 2 ) disclose numerous configurations of oil filter2
Although the Information Disclosure Statement was2
given Paper No. 2, it was not entered on the file wrapper
contents and, consequently, the first Office action was also
given Paper No. 2. The Examiner should have this clerical
problem corrected by, e.g., having the Information Disclosure
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