Appeal No. 2000-0244
Application No. 29/069,936
that it is the overall appearance of the design that must be
considered in determining patentability under 35 U.S.C. §
103(a). In re Leslie, 547 F.2d 116, 120, 192 USPQ 427, 429
(CCPA 1977).
The appellant’s design is for a liquid dispenser having,
inter alia, an actuator portion with an outlet spout formed as
an extension of the actuator sidewall. The ornamental design
of the actuator creates the visual appearance of vertical
sidewalls having an upper, rounded edge merging into a flat,
horizontal top surface and an angulated outlet spout with
curved sidewalls terminating in an angulated end face.
The examiner determined that Guillerm discloses a pump
dispensing closure of substantially the same appearance as the
claimed design including “an integrally formed triangular
dispensing outlet.” See answer, p. 3. The examiner also
determined that Grothoff teaches a narrower dispensing spout
having a slight downward angle and concave sidewalls. Id. It
is the examiner’s position (id. at 4) that, in view of
Grothoff, it would have been obvious
to modify the dispensing closure of Guillerm by
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