Appeal No. 97-2581                                                                                                                                     
                    Application 29/031,665                                                                                                                                 

                              that it establishes unobviousness in it’s configuration.  An average observer would                                                          
                              merely view it [as] a minor modification to the lid.  Furthermore, the cylinder end                                                          
                              would be hidden in use and would not be visible in it’s normal use unless someone                                                            
                              looks closely inside the lid. [Page 5.]                                                                                                      
                              On the other hand, the main thrust of the appellant’ position is that                                                                        
                              . . . there is no teaching in any of the secondary references of the depression of the                                                       
                              present lid that replace[s] the simple opening of Ferrero.  As may be seen quite                                                             
                              clearly in Fig. 1, the opening of the present design is surrounded by a cylindrical                                                          
                              inner wall which terminates in an inverted dome, see Figs. 4 and 5.  This inner wall                                                         
                              is quite visible when viewed as in Fig. 1 and the inverted dome at the bottom of the                                                         
                              depression may be seen when viewed from the top or bottom of the present lid.                                                                
                              Thus, the similarity between the present design and the cited references ends when                                                           
                              the present lid is viewed from a direction other than the side. [Brief, pages 3 and                                                          
                              Having carefully considered the respective positions advanced by the appellant in the brief                                                  
                    and the examiner in the answer, it is our conclusion that the references relied on by the examiner                                                     
                    fail to establish the obviousness of the design claim on appeal within the meaning of 35 U.S.C.                                                       


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