Ex parte BERTANI - Page 3




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


          distinct edge marking the junction between the cylindrical                  
          section of the elbow and the curved outer face of each leg                  
          section.                                                                    
                                The applied prior art                                 
               The Decursu handle design includes a central elongate                  
          cylindrical stalk having an elbow extending from each end of                
          the stalk, with a circumferential seam defining each end of                 
          the stalk and the beginning of each elbow.  The outer faces of              
          the elbows are generally flat and inclined, with respect to                 
          the axial direction of the stalk, at an acute angle, rather                 
          than a right angle as in appellant's design.  Consequently,                 
          the overall aesthetic impression of the Decursu design is of a              
          handle having a central cylindrical stalk with inclined,                    
          rather than right-angle, elbows having flat outer faces.                    
               The Simpson handle design gives the overall impression of              
          a C-shape, in that it includes an elongate cylindrical stalk                
          having a quarter-pie shaped end cap portion extending from                  
          each end, each end cap portion having a U-shaped flange                     
          portion at the end thereof.  The inner faces of the end cap                 
          portions are flat and extend outward from the stalk at the                  


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