¶ 15.27.05 Restriction Not Required – Change In Scope (First Action Issue)
This application discloses the following embodiments:
Embodiment 1 – Figs. [1]
Embodiment 2 – Figs. [2]
[3]
Designs which involve a change in scope may be included in the same design application only if they are patentably indistinct. However, design patent protection does not extend to patentably distinct segregable parts of a design. Ex parte Sanford, 1914 C.D. 69, 204 O.G. 1346 (Comm’r Pat. 1914); Blumcraft of Pittsburgh v. Ladd, 238 F. Supp. 648, 144 USPQ 562 (D.D.C. 1965).
The above identified embodiments are considered by the examiner to present overall appearances that are basically the same. Furthermore, the difference in scope between embodiments is considered minor and patentably indistinct. Accordingly, they are deemed to be obvious variations and are being retained and examined in the same application.
Examiner Note:
In bracket 3, add embodiments as necessary.