In re Finch

MARKEY, Chief Judge.

This appeal is from the decision of the Patent and Trademark Office Board of Appeals affirming the final rejection of the claim in appellants’ design application. We affirm.

The Claimed Design

The claimed design is for a key holder which comprises a parallelogram-shaped key ring to which a human figure is attached by a chain. The drawings show, alternatively, four biologically complete reproductions of the human body — a black *71male, a black female, a white male, and a white female.

The Rejections

There are two rejections: (1) the design is frivolous, 35 U.S.C. § 171, because…