Appeal No. 2003-0043
Application 29/065,720
cassette box display holder of Smyth, as has been urged by the
examiner to have been obvious, and modified the proportions of
the Gillette package following the teachings of the APA, it is
our view that such designer would not come up with the paperboard
container design presently before us on appeal. As was noted
above, in appellant’s paperboard container design the trapezoidal
shaped projecting portion of the rear panel has 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, with the rear panel having 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. By contrast, the
projecting portion of the cassette box display holder in Smyth
that extends above a cassette box which would be carried in the
window of the holder is of an entirely different configuration
and provides a distinctly different aesthetic appearance.
The projecting portion of the holder seen in Smyth has side
edges that are straight/vertical in the area immediately above
the cassette box and then steeply angled from those straight
portions to the top edge of the projecting portion. The top edge
itself includes a central straight portion that is relatively
short, i.e., on the order of one third the width of the rear
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