Appeal No. 2000-2150
Application 29/083,483
appellants continue prosecution of this application, a formal
amendment should be submitted to properly amend the claim.
The examiner has relied upon the following references:
Vallone D 111,094 Aug. 30, 1938
Huebschen et al. (Huebschen) 5,148,726 Sep. 22, 1992
The design claim stands rejected under 35 U.S.C. § 171 as
being directed to non-statutory subject matter in that it lacks
ornamentality. Additionally, the design claim on appeal stands
rejected under 35 U.S.C. § 103. As evidence of obviousness, the
examiner relies upon Huebschen in view of Vallone.
We refer to the brief and answer for the respective
positions of the appellants and the examiner unless otherwise
indicated in our opinion.
OPINION
We reverse both rejections.
Turning first to the rejection of lack of ornamentality
within 35 U.S.C. § 171, in the first Office action, mailed on
February 1, 1999, appellants were given the opportunity to
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