Appeal No. 2002-2307
Application No. 29/105,570
reference is found, other references may be used to modify it to
create a design that has the same overall visual appearance as
the claimed design. See In re Harvey, 12 F.3d 1061, 1063,
29 USPQ2d 1206, 1208 (Fed. Cir. 1993). These secondary
references may only be used to modify the primary reference if
they are "so related [to the primary reference] that the
appearance of certain ornamental features in one would suggest
the application of those features to the other." In re Borden,
90 F.3d at 1575, 39 USPQ2d at 1526-27.
As can readily be discerned from appellant's drawing
figures, the claimed eyeglasses accessory design reveals the
visual prominent feature of the appearance of a particular
pattern of holes across each of two transparent lenses.
As a basic reference, the examiner applied the Shelton
design for a sunglass clip mechanism depicted in association with
lenses shown in phantom lines (Fig. 1). According to the
examiner (Paper No. 10), the Shelton design is similar in
appearance to the claimed design except for the pattern of
openings feature. To overcome the aforementioned deficiency, the
4
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007