Appeal 2007-2227
Application 10/778,963
extension merely provides a further performance of the known original function of
a single necklace extension. Thus, we find that the mere duplication of the
necklace extension part provides no new and unexpected result. Furthermore, the
aesthetic quality conveyed of duplication of the necklace extension is found in
Cloud, disclosing the use of multiple spirals in the jewelry art is well known
aesthetic choice to the ordinary designer. In view of the above, the rejection of
claim 11 over Cayton and Cloud is affirmed.
CONCLUSION
The obviousness rejection of claims 1-13 is affirmed.
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
lbg
John C. McMahon
PO Box 30069
Kansas City, MO 64112
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