Appeal No. 2004-1452
Application No. 29/138,830
B. The Rejection
The single design claim stands rejected under 35 U.S.C.
§ 112, first paragraph, as failing to comply with the description
requirement since the amended drawings introduce new matter not
supported by the original disclosure (Answer, page 2, referring
to the final Office action dated Mar. 4, 2003, Paper No. 16).
The examiner finds that there is no support in the original
disclosure for seven features found in the amended drawings
(final Office action, Paper No. 16, pages 2-3; see also the
Brief, page 4). As correctly noted by the examiner (Answer, page
3), appellant’s arguments are solely based on the 37 CFR § 1.132
Declaration of David H. Wagner, Jr., dated July 1, 2003
(hereafter the “Wagner Declaration”; see the Brief, pages 5-21).
The examiner has replied to many of the “affiant’s [sic,
declarant’s]” points from the Wagner Declaration (Answer, pages
4-8).
C. The Decision
We reverse the examiner’s rejection on appeal essentially
for the reasons stated by appellant in the Brief, Reply Brief,
and the Wagner Declaration, as well as those reasons set forth
below.
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