Appeal No. 1999-1567
Design Application 29/035,428
claimed design differs from Bourcart because Bourcart shows an
opaque container are not persuasive.
Figure 2 of the present design, figure 3 of Bourcart, and
a modified version of figure 2 of Stolte to show the container
shape are reproduced below for comparison.
Claimed Bourcart Stolte
design
We focus on the distinctive feature of the well in the
bottom of the container, which is argued by Appellant. There
are several other features of the claimed design which differ
from Bourcart, e.g., Bourcart shows flat top and bottom walls
while those in the claimed design have a slight upward slope,
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