Appeal No. 2004-1305
Application No. 29/138,829
December 30, 2002 (Brief, page 3; these amended drawings are
shown in Exhibit F attached to the Brief).
A. Background
This design application was filed on March 20, 2001, with
two original figures drawn to an ornamental design for a duct
with an indented end (see Exhibit A attached to the Brief).
These original figures are two-dimensional drawings representing
two different embodiments of a duct with an indented end.
Appellant submitted new Figures 1-6 with the Requests for
Authorization to Amend the Drawings dated Sep. 17, 2002, and Dec.
30, 2002 (Brief, page 3; see Exhibit F attached to the Brief).
The examiner objected to but entered these amended Figures
(Brief, page 5; see the Office actions dated Dec. 16, 2002, and
Mar. 4, 2003), while rejecting the claim under 35 U.S.C. § 112,
first paragraph, as failing to comply with the written
description requirement since the amended drawings introduced
“new matter” not supported by the original disclosure (Brief,
pages 3-4; final Office action dated Mar. 4, 2003, page 2).
Appellant has appealed from this final rejection.1
1
1 We note that appellant has listed eleven (11) related
appeals on page 2 of the Brief. However, we also note that
appellant has omitted Application No. 29/138,764, filed Mar. 20,
2001, now Appeal No. 2004-1410.
2
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007