Appeal No. 99-0838
Application 29/064,666
carrying the drinking aperture slopes about 1/3+ of the lid and the remaining portion of the lid has no
parapet wall at all.
In the final analysis, we are of the opinion that the collective teachings of the Imperial lid and the
Sweetheart lid would not have led the designer of ordinary skill in the art to modifications of the
Imperial lid which would have resulted in a cup lid having an overall appearance and creating a visual
impression like that of the lid design claimed by appellants. It is our view that the evidence before us
considered as a whole would simply not have been suggestive of the distinct ornamental appearance of
appellants’ claimed cup lid design. For that reason, we will not sustain the examiner's rejection of
appellants’ design claim under 35 U.S.C. § 103.
Since we have determined that the examiner has failed to establish a prima facie case of
obviousness with regard to the claimed design, we find it unnecessary to consider appellants’ evidence
of secondary considerations relating to commercial success.
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Last modified: November 3, 2007