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). 6Page: Previous 1 2 3 4 5 6
Last modified: September 9, 2013