Appeal No. 2006-2074
Application No. 10/158,197
There is no evidence that the manufacturer’s of these knives were providing
labels based upon the type of food the knife is to be used on as is disclosed
by Sanelli. We also observe that of the three knife sets in exhibits F through
H, all three have labels on the butt end of the knife handle, but only one has
the contoured handle. The Farberware knife set (exhibit F) and the Tools of
the Trade knife set (exhibit G) both have riveted handles similar to
Calphalon’s “Traditional” knife set. Whereas, the Great Indoors knife set
has both the contoured handle and the labels on the butt ends of the knife
handles. We consider this to be evidence that the copying is directed to the
labels on the butt end of the handles. Thus based on the evidence of
copying, in conjunction with the evidence of commercial success and, public
praise, we find that the declaration and supplemental declaration present
sufficient evidence of secondary considerations to outweigh the examiner’s
prima face case of obviousness. Accordingly, we will not sustain the
examiner’s rejection of independent claims 36 and 50 under 35 U.S.C. §
103. Similarly, we will not sustain the examiner’s rejections under 35
U.S.C. § 103 of the dependent claims.
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