Ex parte JORGEN PEDERSEN-RASK - Page 6




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


               the bottom of the lid is also consequential to the design of the lid as a whole (cf. Power Controls                   

               Corp. v. Hybrinetics, Inc., 806 F.2d 234, 239, 231 USPQ 774, 778 (Fed. Cir. 1986) wherein the                         

               shape of interior, as well as exterior, features of a package were considered by the court).                          
                       Since we are of the opinion that the difference in the lid which we have noted above                          
               creates a distinctive overall appearance which is not suggested by the relied on prior art, we will                   
               not sustain the rejection of the appealed design claim under 35 U.S.C.  103.                                         
                       The decision of the examiner is reversed.                                                                     
                                                           REVERSED                                                                  







                                              JAMES D. THOMAS                   )                                                    
                                             Administrative Patent Judge          )                                                 
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                                                             )   BOARD OF PATENT                                                    
                                                                                     )      APPEALS  AND                            
                                             JAMES M. MEISTER                )   INTERFERENCES                                      
                                      Administrative Patent Judge            )                                                      
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                                             CHUNG K. PAK                             )                                             
                                             Administrative Patent Judge             )                                              




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