Ex Parte KORMANIK - Page 7




          Appeal No. 2001-2537                                       Page 7           
          Application No. 08/802,472                                                  


          suggested to a person of ordinary skill in the art to include               
          articles such as a lug wrench, car jack etc. in the emergency               
          road kit.                                                                   
               Further, for example, Des. 424,295 discloses a tool case               
          package which is a replica of a wrench.  The wrench shape may be            
          considered to visually convey information about an “associated”             
          activity such as using tools to maintain or repair various items.           
          The examiner should consider whether Des. 424,295 would have                
          suggested to a person of ordinary skill in the art to include,              
          for example, a hammer, screw driver etc. which have a shape                 
          different from the wrench shape.                                            
               Des. 262,189 discloses a container for first aid items                 
          or the like which is shaped like a band aid.  The band                      
          aid shape may be considered to visually convey information about            
          an “associated” activity such as giving first aid treatment.  The           
          shape of the gauze, adhesive tape and circular bandages are                 
          different from the shape of the band aid shaped container.  The             
          examiner should consider whether it would have been obvious to              
          store, for example, gauze, adhesive tape, circular bandages etc.            
          within the band aid shaped container.                                       
               In addition, the examiner should consider whether some or              
          all of the claims would have been rendered obvious in view of the           







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Last modified: November 3, 2007