Ex Parte DEWALD - Page 2




               Appeal No. 2003-0007                                                                        Page 2                
               Application No. 29/092,219                                                                                        


                                                      THE INVENTION                                                              
                      Appellant claims the ornamental design for a pull (see Figs. 1-4).  Such a pull is a knob                  
               ordinarily placed on cabinets.                                                                                    


                                                       THE EVIDENCE                                                              
                      As evidence of unpatentability, the Examiner relies upon the following prior art                           
               references:                                                                                                       
               Allison Cabinet Hardware Catalog; page 6, Knob 244 FWB; received August 15, 1996                                  
               Phylrich Sales Co. Catalog, page 39-C; knob (bottom row, far right) (1965).                                       


                                                      THE REJECTION                                                              
                      The claim stands rejected under 35 U.S.C. § 103(a) as being unpatentable over the                          
               Allison knob 244FWB in view of the Phylrich knob (bottom row, far right).  We reverse.                            


                                                           OPINION                                                               
                      The Examiner finds that Phylrich shows a mosaic-like pattern on a knob and that it would                   
               have been obvious to one of ordinary skill in the art at the time the invention was made to modify                
               the surface decoration of the Allison knob as suggested by the Phylrich knob (Answer at 4).  The                  
               problem is that, even if it were obvious for one of ordinary skill in the art to make the                         
               combination, the result would not suggest a knob of Appellant’s design.                                           







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