Appeal 2006-3314
Application 09/761,322
Gerstman, Concepcion and Tabor3 disclose ornamental designs4 for a
cookie comprising a base cake having a three-dimensional-image thereon
and a layer of confection covering at least a portion of the image, thereby
forming a latent image that can be revealed by removing at least a portion of
the confection. Gerstman and Concepcion also disclose a top layer having a
three-dimensional image formed thereon.
This Remand to the Examiner pursuant to 37 C.F.R. § 41.50(a)(1)
(effective September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004), 1286
Off. Gaz. Pat. Office 21 (September 7, 2004)) is made for further additional
prior art findings and further consideration of a rejection consistent with our
interpretation of the claim language.
REVERSED and REMANDED
sld
Thaddius J. Carvis
102 North King Street
Leesburg, VA 20176
3 These patents, like the present application, appear to have been assigned to
Nabisco Brands, Inc./Kraft Food Holdings at the time of filing of the present
application.
4 See In re Aslanian, 590 F.2d 911, 914, 200 USPQ 500, 503 (CCPA 1979)
("[T]he specific disclosure of structure in a design patent application may
inherently teach functional features."). See also, In re Meng, 492 F.2d 843,
847, 181 USPQ 94, 97 (CCPA 1974)(a claimed invention may be anticipated
or rendered obvious by a reference drawing).
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