Appeal No. 98-3079
Application No. 29/052,635
This is an appeal from the final rejection of the
following design claim:
The ornamental design for a building block drink
container as shown and described.
The several embodiments of this design have been depicted
in some forty views, with Figures 57 through 63 being the most
representative when evaluating the examiner’s rejection.
THE REFERENCES
The references applied by the examiner are:
Loofbourrow et al. (Loofbourrow) 4,656,840 Apr. 14,
1987
McLaughlin et al. (McLaughlin) D-301,260 May 23,
1989
Zutler D-333,978 Mar. 16,
1993
THE REJECTION
The design claim stands rejected under 35 U.S.C. § 103 as
being unpatentable over Zutler in view of Loofbourrow and
McLaughlin.
The rejection is explained in Paper No. 8, the final
rejection.
The opposing viewpoints of the appellant are set forth in
the Brief.
OPINION
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