Appeal No. 2002-2175
Serial No. 09/060,960
II. The 35 U.S.C. § 102(b) rejection based on Connell
Connell discloses “a label adapted or suited for containers
holding any of different types of articles” (page 1, lines 77
through 79), and more specifically “a label suitable for cartons
or boxes in which may be packed any of a variety of styles or
shapes of smoking pipes, the label being adapted for designating
the characteristics of a particular style of pipe or pipes
contained in any given box or carton” (page 1, lines 11 through
17). Figure 1 shows the label as comprising a label body 10
bearing (1) pictorial representations 11 of various styles of
pipes made and marketed by the manufacturer, (2) indicia such as
a star 13 within the representation of the particular style of
pipe packaged in the carton, (3) a space 14 with a descriptive
representation 15, e.g., the word “Poker,” and the star indicia
16 of the packaged pipes, (4) a space 17 with the word “Quantity”
and the number of pipes, e.g., 100, in the carton, (5) spaces 20
and 21 with a trade number and trade name representative of the
physical characteristics of the packaged pipes, (6) a central
space 22 with the trade mark 23 of the manufacturer on a
background color-coded to denote the price of the packaged pipes,
and (7) a space 24 with the name of the manufacturer on a like
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