Appeal No. 2000-2151 Page 6
Application No. 29/099,783
1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). It is possible that the features depicted on the
bottom lack ornamentality because they are the result of, or a by-product of, functional or mechanical
considerations. In re Carletti, 328 F.2d 1020, 1022, 140 USPQ 653, 654 (CCPA 1964).
However, such a finding has not been made by the Examiner.
CONCLUSION
To summarize, the decision of the Examiner to reject the design claim on appeal under 35
U.S.C. § 103 is reversed.
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