Appeal No. 98-3079
Application No. 29/052,635
The appellant’s design is for a drink container of
rectangular shape with round protrusions on the front side and
round recesses on the rear side so that a plurality of
containers can be linked together in the nature of toy
building blocks. A wide mouth circular or oval opening is
provided on the top of the container, and a flange or ring
surrounds this opening. The round protrusions and recesses
are evenly spaced relative to one another, and are as a group
spaced slightly less from the top of the sides of the
container than from the bottom.
It is the examiner’s position that
to modify the Zutler reference by providing rear
recesses as taught by the reference to Loofbourrow
and to further substitute [for] the square shape of
Zutler for [sic] the rectangular shape of McLaughlin
would have been obvious to a designer of ordinary
skill in the art and would meet the appearance of
the claimed design (Answer, page 2).
As for the other differences pointed out by the appellant in
the Brief, the examiner replies that
[t]he differences cited by Appellant, mainly the
spacing between the protrusions, square protrusions
rather than circular and the size of the top opening
are minor when considering the overall appearance
(Answer, page 3).
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Last modified: November 3, 2007