Appeal 2007-2096
Application 10/611,765
1. A dinnerware article adapted to receive food, the article
comprising:
a shallow container with an upper surface having a center, and a lower
surface joined to the upper surface at an edge;
a raised likeness of a creature affixed to the upper surface; and
a graphical diet reminder on the upper surface.
18. The article of claim 1, wherein the likeness is hollow and
comprises a bottom and a removable top, the likeness adapted to contain at
least one pill.
The Examiner relies on the evidence in these references:
Frucher US Des. 241,398 Sep. 14, 1976
Buj US 4,863,033 Sep. 5, 1989
Gruneisen III US Des. 373,930 Sep. 24, 1996
Strandberg US D443,176 S Jun. 5, 2001
Brenkus1 US 6,296,488 B1 Oct. 2, 2001
Appellant requests review of the following grounds of rejection under
35 U.S.C. § 103(a) advanced on appeal (Br. 6):
claims 1 through 5, 7, 10 through 13, and 16, 19, and 20 as unpatentable
over Buj in view of Strandberg, Frucher, and Brenkus (Answer 3-4); and
claims 17 and 18 as unpatentable over Buj in view of Strandberg, Frucher,
and Brenkus further in view of Gruneisen III (id. 4-5).
Appellant argues claims 1 and 16 with respect to the first ground of
rejection and claims 17 and 18 with respect to the second ground of rejection
(Br. 7, 12, and 13-14). Thus, we decide this appeal based on claims 1 and 16
through 18. 37 C.F.R. § 41.37(c)(1)(vii) (2005).
This panel entered a decision in Appeal No. 2006-0288 on January 4,
2006 in this application. In subsequent prosecution, the Examiner relied on
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