Appeal No. 1999-1567
Design Application 29/035,428
features as used in the claimed design."). The Examiner has
not explained why one of ordinary skill in the design art
would have been motivated to modify the size and shape of the
bottom well of Bourcart for ornamental reasons. The
Examiner's statement that modifying the shape of the well
would have been an obvious design expedient is merely a
conclusion, without any supporting design or appearance
rationale. Therefore, we conclude that the Examiner has
failed to establish a prima facie case of obviousness.
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