Appeal 2007-2096
Application 10/611,765
Seder foods which would be visually attractive to children. We find
Brenkus would have disclosed to one of ordinary skill in this art a plate with
shaped compartments which can receive on their upper surface
correspondingly shaped cards with diet reminder information graphically set
forth thereon. We find Gruneisen III would have disclosed to one of
ordinary skill in this art a basketball drink container which has situated on
the rim thereof a miniature basketball. Gruneisen III describes the miniature
basketball in part in Fig. 7 in “top plan view inside the bottom hemisphere
thereof, the top hemisphere removed for ease of illustration,” and in Fig. 8 in
“bottom plan view inside the top hemisphere thereof, the top hemisphere
removed for ease of illustration;” the miniature basketball otherwise
depicted as a whole without apparent means to separate the hemispheres
(Gruneisen III Figs. 1-6).
Appellant acknowledges in the Specification that “[n]ovelty
dinnerware” takes many forms, “is commonly produced for the amusement
of children, and sometimes adults,” can “include images of cartoon
characters or other graphics attractive to children,” and can be “designed
with a serious message and with an adult consumer in mind, or with the
intention of instructing a child (or adult) in some serious pursuit”
(Specification 1).
We determine the combined teachings of Buj, Strandberg, Frucher,
and Brenkus, the scope of which we determined above, provide convincing
evidence supporting the Examiner’s case that the claimed invention
encompassed by claims 1 and 16, as we interpreted this claim above, would
have been prima facie obviousness of to one of ordinary skill in the novelty
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