Ex parte BERTANI - Page 2




          Appeal No. 2001-0467                                                        
          Application No. 29/100,490                                                  


               The appealed claim stands rejected under 35 U.S.C. § 103               
          as being unpatentable over Decursu in view of Simpson.                      
               Reference is made to the brief and reply brief (Paper                  
          Nos. 13 and 15) and the answer (Paper No. 14) for the                       
          respective positions of the appellant and the examiner with                 
          regard to the merits of this rejection.                                     
                             Appellant's claimed design                               
               Appellant's handle design includes a central elongate                  
          cylindrical stalk section having a softly curving right-angle               
          elbow extending from each end of the stalk, with a                          
          circumferential seam defining each end of the stalk and the                 
          beginning of each elbow.  Each elbow starts with a cylindrical              
          section extending co-axially from the stalk section and                     
          transitioning into a leg section extending radially outward                 
          from the cylindrical section.  The leg sections have flat side              
          faces, partial cylindrical inner faces (facing one another)                 
          and outer faces which are curved in two directions (seen in                 
          the side views and front and rear views).  While the outer                  
          faces of the leg sections are softly and continuously curved                
          from the junctions with the cylindrical sections of the elbows              
          to the end faces of the leg sections, there is an abrupt and                
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