Appeal No. 2003-1862
Application No. 29/153,657
In view of the foregoing, the decision of the examiner rejecting the design
claim on appeal under 35 U.S.C.'103 is reversed1.
REVERSED
JAMES D. THOMAS )
Administrative Patent Judge )
)
)
CHARLES E. FRANKFORT ) BOARD OF PATENT
Administrative Patent Judge ) APPLEALS AND
) INTERFERENCES
)
JEFFREY T. SMITH )
Administrative Patent Judge )
JDT/dpv
1 Since we have concluded the Examiner=s failure to set forth a prima facie case of obviousness,
we have no need to consider appellant=s secondary evidence of commercial success.
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