Appeal No. 2000-0244
Application No. 29/069,936
being at an angle to a flat top as claimed. The appellant is
also correct in pointing out that the free end of the outlet
spout in Grothoff is perpendicular to the longitudinal
dimension of the spout, not angulated as claimed. Thus, it is
our determination that the claimed design would not have been
suggested by the combined teachings of Guillerm and Grothoff,
neither of which teaches or suggests a liquid dispenser
actuator portion having a flat top with an angulated spout or
a free end of the spout being angulated to the longitudinal
axis of the spout.
As indicated supra, Eke was cited 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, not for the design of the actuator portion.
Nevertheless, we have carefully reviewed the Eke patent, but
find nothing therein that makes up for the deficiencies of
Guillerm and Grothoff noted above. It therefore is our
conclusion that the combined teachings of Guillerm, Grothoff
and Eke fail to establish a prima facie case of obviousness
with regard to the claimed subject matter.
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