Appeal No. 2003-0043
Application 29/065,720
of the rear panel. Trapezoidal top and bottom panels complete an
enclosure portion of the container, and the container further
includes a portion of the rear panel that extends and projects
above the enclosure portion of the container to a height of about
one third the height of the front panel of the enclosure portion.
The projecting portion of the rear panel is also trapezoidal in
configuration and includes side edges that are inclined slightly
inwardly beginning at the level of the top panel of the enclosure
portion and extending to the top edge of the rear panel. The
rear panel has a central straight top edge that has a substantial
length, i.e., a length of at least about 80% of the width of the
rear panel.
As noted on page 2 of the brief, the broken line showing of
eyelets adjacent the top edge of the projecting portion of the
rear panel of the container “is for illustrative purposes only
and forms no part of the claimed design.”
The references of record relied upon by the examiner as
evidence of obviousness under 35 U.S.C. § 103 are:
Smyth et al. (Smyth) Des. 275,370 Sept. 4, 1984
A photocopy of a paperboard container for Gillette Sensor
for Women razor cartridges, dated 1992 (Gillette package).
2
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