Appeal 2007-2096
Application 10/611,765
would not have disclosed to one of ordinary skill in the art a hollow toy
figure which can be opened and closed in the manner of a shallow container,
and thus in a manner adapted to contain a pill.
Accordingly, in the absence of evidence to support the Examiner’s
prima facie case of obviousness, we reverse this ground of rejection.
The Primary Examiner’s decision is affirmed-in-part.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv) (2007).
AFFIRMED-IN-PART
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RATNER PRESTIA
P.O. BOX 1596
WILMINGTON, DE 19899
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