Appeal No. 2000-2151 Page 4
Application No. 29/099,783
We particularly note the gradually sloping transition region between
the conical neck portion A and the rounded shoulder B of Appellant’s bottle,
i.e. the portion we have denoted as “C” above. This neck portion-shoulder
transition region is substantially conical. In comparison, the French Patent
depicts a convex curve of small radius of curvature between the conical neck
portion and the shoulder.
In order to justify the rounding of the shoulder, the Examiner
applies the Sunsparklers bottle. As noted by Appellant, the shoulder of the
Sunsparklers Bottle
Sunsparkler bottle appears to be a simple, single convex curved shape. We
note that the cover restricts the view of the intersection of the shoulder with the neck and thus the
design of that portion is unclear.
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