Appeal No. 2001-0466
Application No. 29/112,628
In failing to supply evidence to support the conclusion
that it would have been obvious to modify the Burnes picture
frame to make the inner and outer frames square so as to
arrive at the claimed design, the examiner has failed to meet
the burden of establishing a prima facie case of obviousness
of the claimed design. Accordingly, we cannot sustain the
examiner's rejection.
CONCLUSION
7
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