Appeal No. 2001-0467
Application No. 29/100,490
As discussed above, appellant's design has an overall
appearance which would make a different visual impression to
the eye of a handle designer of ordinary skill as compared
with the Decursu design. In particular, appellant's design
has the appearance of softly curving elongate elbows extending
from a cylindrical stalk, while Decursu's design has the
appearance of flat inclined elbows extending from a
cylindrical stalk.
It is the examiner's position (answer, page 4) that
Simpson's design would have suggested to a designer of
ordinary skill modification of the Decursu design by curving
the inclined flat surfaces (designated herein as the outer
faces).
Even assuming that Decursu does have the same basic
design characteristics as appellant's design so as to
constitute a proper Rosen type reference and that the Decursu
and Simpson designs are so related that the appearance of
certain ornamental features, such as the curved outer faces,
in Simpson would suggest the application of those features to
the Decursu design, we share appellant's view, as expressed on
page 6 of the brief, that combination of the applied prior art
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