Appeal No. 2004-2299
Application No. 09/244,006
finds that Goodman fails to disclose or suggest “a vignette
describing a story about a unique character, animal faces, sports
figures, actual people or mythical character” (Supplemental Answer,
page 4; similar statements are made at pages 5 and 7). The
examiner further finds that Goodman “suggests that the decorative
applique may have alphabetic characters of alphabetic design and
that the applique may have different design[s] including a monogram
or a name” (Supplemental Answer, page 4, citing col. 1, ll. 22-26,
and col. 2, ll. 48-60 of Goodman; see also the Supplemental Answer,
pages 5 and 7).
From these findings, the examiner concludes that it would have
been obvious to one of ordinary skill in the art at the time the
invention was made “to employ three dimensional character[s] in the
form of a vignette, sports figure, actual people or mythical”
(Supplemental Answer, page 4) because Goodman suggests that the
three-dimensional applique may be formed in different designs or
characters and that a wide selection of decorative appliques may be
employed (see also the Supplemental Answer, pages 5 and 7).4
4As discussed above with respect to the rejections based on
section 102(b), Goodman does not explicitly disclose a “three-
dimensional character face” of any kind. Interestingly, we have
independently determined that three dimensional character faces
were known in the prior art. See, for example, Design Patents:
(continued...)
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