Appeal No. 2000-0244
Application No. 29/069,936
modifying its integrally formed, slightly protruding
dispensing spout to become narrower and angled
downward, and to show a slight inward curvature
(concavity) to the side walls.
The appellant points out that the top of Guillerm’s
actuator includes a planar extension of the upper surface of
the actuator which forms a roof or ledge covering a
horizontal, rectangular spout. See main brief, p. 6. The
appellant also emphasizes that the top surface of Grothoff’s
actuator is entirely convex, as opposed to the essentially
flat top surface of the actuator of the claimed design and
that the free end of the outlet spout in Grothoff is
perpendicular to the longitudinal dimension of the spout. Id.
at 7 and 8. Thus, the appellant argues that even if it had
been obvious to modify the design of Guillerm in view of
Grothoff, one would not have arrived at the appellant’s
claimed actuator design. Id. at 8 and reply brief, p. 4. We
agree.
The Grothoff reference shows a liquid dispenser actuator
portion having a convex top surface. The outlet spout is
curved on an arc continuous with the top surface, rather than
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