Appeal No. 97-1883
Application 08/254,973
In addition, we do not agree with the examiner that the
requirement of a second rounded edge having an enhanced curvature
of claim 1 would have been an obvious design choice. In
specifically disclosing that the second rounded edge has a more
pronounced curvature, the appellant also makes clear that this
pronounced curvature has been chosen to facilitate pouring from
the container. Far from being a matter of obvious design choice,
this is a matter which is at the very heart of appellant's
disclosed and claimed invention. The examiner can not simply
brush this feature aside.
Finally, we find no factual basis for concluding that a
person of ordinary skill in the art would have been motivated to
make any corner rounded for the sake of safety to prevent the
formation of any harmful shaped corner.
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