Ex Parte Theile - Page 6



             Appeal 2007-1913                                                                                  
             Application 10/299,661                                                                            

                   1. Perl teaches a bottle with at least one recess in which a finger can be                  
                      fitted so that the surface of the recess fits partially around the finger, and           
                      preferably around a majority of the circumference of the finger (Perl, p.                
                      1, ll. 46-50).                                                                           
                   2. “The or each recess may face in any direction, for example outwardly or                  
                      downwardly.  The or each recess may be formed in the main body of the                    
                      bottle or in a portion which is fixed to but outstanding from the main                   
                      body” (Perl, p. 1, ll. 52-57).                                                           
                   3. Ammarell teaches a bottle with concave-shaped shoulders formed in the                    
                      bottle on either side of the neck (Ammarell, col. 1, ll. 20-23).                         
                          The end walls extend inwardly and upwardly to form a                                 
                          pair of concave finger rests on either side of the arched                            
                          portions of the side walls with the upper edges of the                               
                          concave finger rests terminating in the arched top                                   
                          portions of the side walls.                                                          
                      (Ammarell, col. 1, ll. 39-44).                                                           
                   4. The finger rests of Ammarell are shown positioned closer to the opening                  
                      of the container than a bottom of the container (Ammarell, Figs. 1-5).                   


                                           PRINCIPLES OF LAW                                                   
                   “Section 103 forbids issuance of a patent when ‘the differences between the                 
             subject matter sought to be patented and the prior art are such that the subject                  
             matter as a whole would have been obvious at the time the invention was made to a                 

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