Appeal No. 96-3571
Application No. 29/021,754
A new reference relied upon by this panel of the
Board of Patent Appeals and Interferences in a new ground of
rejection pursuant to the provisions of 37 CFR § 1.196(b) is:
Bertolini Des. 348,395 July 5, 1994
The claim stands rejected under 35 U.S.C. § 103 as
being unpatentable over the Vaseline® jar design in view of
Kipperman.
Rather than reiterate the examiner's statement of
the rejection and the conflicting viewpoints advanced by the
examiner and the appellant, we refer to pages 2 through 7 of
the examiner's answer and to pages 4 through 7 of the
appellant's brief for the full exposition thereof.
OPINION
In arriving at our decision in this appeal, we have
given careful consideration to appellant's claimed design, to
the designs of the applied prior art references, and to the
respective views on the issue of obviousness advanced by the
appellant in the brief and by the examiner in the answer. As
a result of our evaluation of all the evidence before us, it
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