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