Appeal No. 2004-1452
Application No. 29/138,830
July 1, 2003 (Brief, page 3; a copy of these amended drawings are
found in Exhibit F attached to the Brief).
A. Background
This design application was filed on March 20, 2001, with
two original figures drawn to the ornamental design for a duct
tap 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 tap with an indented end.
Id. Appellant submitted new Figures 1-8 with the Request for
Authorization to Amend the Drawings dated Sep. 9, 2002, and July
1, 2003 (Brief, page 3; see Exhibit F attached to the Brief).
The examiner rejected the single design 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,
page 4; final Office action dated Mar. 4, 2003, page 2).
Appellant has appealed from this final rejection.1
1
1We note that appellant has listed eleven (11) related
appeals on page 2 of the Brief. However, we also note that
appellant has omitted Appl. No. 29/138,764, filed Mar. 20, 2001,
now Appeal No. 2004-1410.
2
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