Ex Parte Theile - Page 3



             Appeal 2007-1913                                                                                  
             Application 10/299,661                                                                            
                                       second recess lower part to the longitudinal                            
                                       axis,                                                                   
                                wherein at least one of the first recess upper part                            
                          and the second recess upper part is configured to at least                           
                          partially overlie a user's finger,                                                   
                                wherein at least one of the first recess lower part                            
                          and the second recess lower part is configured to at least                           
                          partially underlie a user's finger,                                                  
                                wherein the container defines an interior                                      
                          configured to contain a product,                                                     
                                wherein the interior comprises a portion positioned                            
                          between the first recess lower part and the second recess                            
                          lower part, the portion extending toward a bottom of the                             
                          container at least as far as the first recess lower part and                         
                          the second recess lower part,                                                        
                                wherein at least one of the first recess upper part,                           
                          the first recess lower part, the second recess upper part,                           
                          and the second recess lower part comprises a concave                                 
                          surface, and                                                                         
                                wherein at least one of the first recess portion and                           
                          the second recess portion is positioned closer to the                                
                          opening of the container than a bottom of the container.                             
                                             THE REJECTIONS                                                    
                   The Examiner relies upon the following as evidence in support of the                        
             rejections:                                                                                       
                    Ammarell                  US 2,656,842                  Oct. 27, 1953                      
                    Montgomery                US 3,921,650                  Nov. 25, 1975                      
                    Perl                      GB 2 061 868A                 May 20, 1981                       
                    Gueret                    US 6,076,985                  Jun. 20, 2000                      
                    Gueret                    US 6,390,708 B1               May 21, 2002                       
                    Cantone                   US D474,341 S                 May 13, 2003                       
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