Appeal No. 2004-1305
Application No. 29/138,829
were presented in the original drawings, and would have appeared
as three concentric outlines in a top view. We also agree with
the declarant that the surfaces and profiles of the indented ends
and gaskets would have been readily apparent from original
Figures 1-2. Furthermore, declarant states that the rounded edge
profile of the shortest flange, as contrasted with the edge
profiles of the intermediate and longest flanges, are apparent
due to the appearances of the profiles and surfaces shown in
original Figures 1 and 2 (Wagner Declaration, ¶¶ 9 and 10). A
designer of ordinary skill in this art, with conventional
knowledge of technical drawing, would have recognized, upon
rotation of original Figure 1 (as enlarged in Exhibit B, or
highlighted as per Exhibit C), the curved profile of the
protrusion “6" (see Exhibit D) and the edge profiles of each
flange outward from the lines of the basic cylinder of the duct,
increasing in protuberance from top to bottom. We also agree
with declarant’s statement concerning the lines of various steps
and step surfaces (Wagner Declaration, ¶¶ 13, 15 and 17). We
agree that it would have been clear to the design artisan that
the two lines of the first step (numbered “10" as in Exhibits C
and D) do not go outside the lines of the basic cylinder which
forms the duct and thus could not be a protruding flange.
6
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