Ex parte GRAZIOLI - Page 5




          Appeal No. 2001-2294                                                        
          Application 29/097,935                                                      


          As for the examiner’s position that one cannot see the                      
          lateral sections or segments of the seat portion through the                
          opening of the back of the chair in Figure 2 of the                         
          application (answer, page 5), we are in agreement with                      
          appellant that such segments can be easily seen in Figure 2,                
          and that such showing, considered along with that in Figures 4              
          and 5, is sufficiently clear so as to provide a designer of                 
          chairs of the type claimed with adequate details of the                     
          configuration of the chair seat sufficient to allow such                    
          designer to reproduce the chair shown in the application                    
          drawings (photographs).  Regarding the examiner’s position                  
          that one cannot tell if the five segments of the chair seat                 
          seen in Figures 4 and 5 of the claimed design are separated or              
          defined by horizontal ribs or grooves, we share appellant’s                 
          view that the chair design as a whole can be appreciated by                 
          the designer of chairs of the type shown from the disclosure                
          as a whole and that no feature of the chair is so confusing or              
          unclear as to create a situation that runs afoul of the                     
          enablement requirement of 35 U.S.C. § 112, first paragraph.                 
          Contrary to the examiner’s view, we do not consider that a                  


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