Appeal No. 2002-2175
Serial No. 09/060,960
IV. The 35 U.S.C. § 103(a) rejection based on Connell in view of
West
West discloses a container label displaying lettering and a
symbol indicative of the character of the container’s contents.
In the illustrated example, the label includes the word “Poison”
and the skull and crossbones symbol.
In proposing to combine Connell and West to reject claim 1,
the examiner submits that
[i]n view of the patent to West, it would have been
obvious to modify the device in the cited art reference
to Connell by providing both text and graphical indicia
on the exterior label(s) found on the container, the
motivation being to provide concise and accurate
information as to the contents of the package. As for
the identifying means being indicative of the salient
characteristics of a golf glove, such would flow
logically from the teachings in the art [answer, page
5].
As was the case with the preceding rejection, the examiner
has not advanced any prior art golf glove packaging evidence
which supports this conclusion.
Consequently, we shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of claim 1, and dependent claims 2 through 5,
as being obvious over Connell in view of West.
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