Ex parte BERTOLINI - Page 2




          Appeal No. 96-3571                                                          
          Application No. 29/021,754                                                  


                    This is a decision on an appeal from the examiner's               
          refusal to allow the following design claim:                                
                         The ornamental design for a jar as shown and                 
          described.                                                                  


                    The jar design is depicted in a perspective view in               
          Figure 1 of the drawings, in a front elevational view in                    
          Figure 2, in a right side elevational view in Figure 3, and in              
          top and bottom plan views in Figures 4 and 5, respectively.                 
                    The following references are relied upon by the                   
          examiner as evidence of obviousness in rejecting appellant's                
          design claim under 35 U.S.C. § 103:                                         


          The Vaseline® Pure Petroleum Jelly jar (hereinafter, Vaseline®              
          jar) depicted in the photographs filed with appellant's                     
          Information Disclosure Statement (Paper No. 3, dated January                
          30, 1995), which appellant admits to have been on sale prior                
          to January 1993.                                                            


          Kipperman et al.         Des. 318,620        July 30, 1991                  
          (Kipperman)                                                                 

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