Ex parte HONG - Page 4




          Appeal No. 1999-1567                                                        
          Design Application 29/035,428                                               
          transparent or opaque materials (col. 1, line 46 to col. 2,                 
          line 8) and states (col. 2, lines 4-6):  "By suitable                       
          selection of materials, it is possible to produce a very                    
          attractive over-all appearance . . . ."                                     
               Stolte discloses a stackable container for childrens'                  
          foodstuffs which when emptied becomes a toy building block.                 
          The outside of the container is generally cube shaped.  The                 
          top wall has a relatively short upstanding circular neck 16                 
          with an airtight closure member 17 of a diameter slightly less              
          than the width of the container.  The bottom of the container               
          has a cylindrical recess of such cross section that it                      
          slidingly receives, as a loose fit, the upstanding neck 16 and              
          closure member 17 on another container of like construction                 
          when the two containers are stacked together (col. 2,                       
          lines 26-31).                                                               
               Kasin discloses a salt shaker with a transparent central               
          section.                                                                    
                                    THE REJECTION                                     
               The claim stands rejected under 35 U.S.C. § 103(a) as                  
          being unpatentable over Bourcart, figure 3, in view of Stolte               
          and Kasin.  The Examiner concludes that "to modify the                      
          reference to Bourcart by providing sides to the bottom recess               
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