Appeal No. 97-2464
Application 29/038,531
The ornamental design for a BOTTLE as shown and
described.
The bottle design is depicted in perspective view, front
or rear elevational view, right or left side elevational view,
top plan view, and bottom plan view in Figures 1-5, respectively.
The examiner relies on the following references:
Brenner Des. 94,069 Dec. 18, 1934
Desgrippes et al. Des. 332,406 Jan. 12, 1993
(Desgrippes)
Coupon for Vaseline® Intensive Care® Lotion bottle, published in
the Washington Post on or before May 1990 (the Coupon).
The design claim stands rejected under 35 U.S.C. § 103(a)
as being unpatentable over the Coupon in view of Desgrippes and
Brenner. A rejection of the claim under the second paragraph of
35 U.S.C. § 112 was withdrawn by the examiner in an Advisory
Action mailed May 10, 1996.
Rather than repeat the arguments of appellants or the
examiner, we make reference to the brief and the answer for the
respective details thereof.
OPINION
We have carefully considered the subject matter on
appeal, the rejection advanced by the examiner and the evidence
of obviousness relied upon by the examiner as support for the
rejection. We have, likewise, reviewed and taken into
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