Appeal No. 2002-2175
Serial No. 09/060,960
label does not provide information about multiple characteristics
of the articles within the box or carton. Claim 1 defines the
indicated or identified characteristics as “salient”
characteristics which, under the broadest reasonable
interpretation of this term consistent with the appellants’
specification, encompasses the characteristics contemplated by
Connell. In this regard, the term “salient” does not require the
recited characteristics to be “performance” characteristics as
seemingly urged by the appellants. Finally, and notwithstanding
the appellants’ comments to the contrary (see, for example, pages
6 and 8 in the main brief), Connell’s rectangular label (see
Figure 1) and the various representations and spaces thereon
constitute a generally rectangular indication section divided
into a plurality of subsections as broadly recited in claim 1.
At least some of these subsections, e.g., spaces 14, 22 and 24,
embody text and graphical indications identifying “salient”
characteristics of the articles within the package.
In light of the foregoing, the examiner’s application of a
conventional golf glove package and Connell justifies a
conclusion that the differences between the subject matter
recited in claim 1 and the prior art are such that the subject
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