Appeal No. 2000-0244
Application No. 29/069,936
outlet spout as claimed on the actuator disclosed by Guillerm
in view of the teachings of Grothoff and Eke.
To begin with, we note that the claimed liquid dispenser
design comprises three main sections, namely: an upper
cylindrical actuator portion with an integrally formed outlet
spout; a middle, slightly larger, cylindrical housing or
collar portion for attachment to a liquid container; and a
lower pump element for insertion into the container. The
examiner cites the Eke reference for its teaching of a
container with a pump
dispensing closure whose middle housing or collar portion
flares slightly outward as it meets the container. Since the1
appellant explicitly states that no distinctiveness is claimed
in either the collar portion or the pump element, we will2
focus our attention, as has the appellant, on the ornamental
aspects of the claimed actuator portion design relative to the
proposed combination of Guillerm and Grothoff, keeping in mind
See the Office action mailed April 24, 1998, page 3 (Paper No. 3)1
2See the reply brief filed July 23, 1999, page 2 (Paper No. 11).
4
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