Appeal No. 2001-0337 Page 2
Application No. 29/091,083
BACKGROUND
The design application was filed with two figures.
Figure 1 being a side view of a side portion of a motorcycle
rocker box. Figure 2 is an enlarged side view of the side
portion of a motorcycle rocker box of Figure 1. On the sole
page of the specification, the appellants state that
[t]he present invention is directed to the design
illustrated in the drawings. The other features of the
drawings, such as the motorcycle shown in Fig. 1, are not
considered part of the design sought to be patented, and
have accordingly been shown in broken lines.
The design sought to be patented is not visible in
the front, rear, top, bottom and left side views.
Accordingly, these views have been omitted.
The sole rejection before is in this appeal is the
rejection of the design claim under 35 U.S.C. § 112, first
paragraph, as the claimed invention is not described in such
full, clear, concise and exact terms as to enable any person
skilled in the art to make and use the same.
Rather than reiterate the conflicting viewpoints advanced
by the examiner and the appellants regarding the above-noted
rejection, we make reference to the first Office action (Paper
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