Appeal No. 2001-2537 Page 4
Application No. 08/802,472
package would be playing the game of golf, and the article
contained within the package, namely, a golf tee, is used in
playing the game of golf.
Agapiou pertains to an educational kit for increasing safety
awareness. The kit includes a container in the shape of a flat
tire and at least one toy figure preferably in the form of an
animal (e.g., a squirrel) having a flattened portion 44 and
simulated tire tread 48 attached to the flattened portion.
We do not share the examiner’s view that Agapiou anticipates
claim 1. As stated by Agapiou at column 1, lines 50-55:
The kit of the present invention is believed
to be particularly useful in educating young
children. By placing a toy figure with the
tire tread on its back under or in close
proximity to the tire, a lasting visual
impression of the hazards of pedestrian
carelessness can be imparted to the child.
Hence, in Agapiou the disclosed activity in which the article
contained with the package is used is to teach, generally, about
safety awareness, and more particularly, about the hazards of
pedestrian carelessness. While we appreciate the examiner’s
position to the effect that all shapes visually convey
information about an activity associated with the package, the
examiner has not persuaded us that an artisan would associate
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