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(Serial No. 29/058,031)

Appealed from: Patent and Trademark Office Board of Patent Appeals and Interferences

Tsutomu Haruna and Sado Kita (collectively, “Haruna”) appeal the decision of the United States Board of Patent Appeals and Interferences (“Board”) that upheld the examiner’s rejection of the sole claim in design patent application serial number 29/058,031 (the ” ’031 application”). In re Haruna, No. 1999-2020 (Bd. Pat. App. & Int. Dec. 20, 1999). The Board affirmed the examiner’s rejection of the claim as being unpatentable under 35 U.S.C. � 103 because it is rendered obvious by U.S. Patent No. 4,747,093 to Benne et al. (“ Benne”). Because Benne teaches away from the design claimed in the ’031 application, we reverse the decision of the Board.

 
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