Appeal No. 2000-2151 Page 3
Application No. 29/099,783
however, the combined teachings suggest only components of a claimed design, but not its overall
appearance, an obviousness rejection is inappropriate.” Id.
We agree with the Appellant that the overall visual impression created by the claimed bottle is not
suggested by the applied prior art (Brief, page 3).
The primary reference, i.e. the French Patent, depicts a bottle with a stepped down transition
from the cylindrical neck to the cylindrical side wall. The “steps”,
i.e. what the Examiner calls the tapered and curved neck
portion “A” and the shoulder “B” (Answer, page 6,
Exhibit A), differ from the curved and more rounded
transitions on Appellant’s claimed
bottle.
Appellants’ Bottle French Patent Bottle
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