Appeal No. 2006-2041 Page 5
Application No. 10/412,336
depressions in its opposed major sides, and a depressed rib
extending from the major axes ends of the oblong depressions
circumferentially around the bottle (col. 1, lines 38-46;
figure 1).
The examiner has marked up Platte, Sr.’s drawings to show
elements corresponding to those in the appellants’ claims. The
examiner’s transition wall includes thin vertical lines between
what the examiner considers to be the front panel and the front
pillar wall, and the rear panel and the rear pillar wall. Those
vertical lines, however, are not a distinct wall between what the
examiner regards as the panel and pillar walls. Instead, they
appear to be a portion of the examiner’s front and rear panel
walls.
The examiner, therefore, has not established a prima facie
case of anticipation of the appellants’ claimed invention over
Platte, Sr. Nor has the examiner explained how Platte, Sr.,
alone or in combination with the references applied therewith,
would have fairly suggested the appellants’ transition wall to
one of ordinary skill in the art. Consequently, the examiner has
not established a prima facie case of obviousness of the
appellants’ claimed invention over Platte, Sr. and the references
with which it is applied.
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