Appeal No. 2003-1760
Application No. 29/159,145
to be, much less provides evidence or a persuasive explanation with respect to why the
differences would be regarded as de minimis. Moreover, the rejection fails to show why
a designer of articles of the type claimed would consider differences in surface details
minor or unimportant in the context of the overall appearance of such an article.
We therefore sustain neither of the rejections applied against the claim.
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