Appeal 2007-3545
Application 11/197,039
THE REMAINING § 103(a) REJECTIONS
Regarding the § 103(a) rejection of claims 11 and 12 over Wang in
view of Cooper and the § 103(a) rejection of claims 13-16 over Wang in
view of Cooper and Bacon, Appellants contend that the “scent identifier”
claim feature is not disclosed by Wang, Cooper or Bacon (Br. 9-10).
However, as we noted above, the printed matter “scent identifier”
claim feature is not functionally related to the label or the container (i.e., the
substrate) and so will not distinguish the claimed invention from the prior art
in terms of patentability. Ngai, 367 F.3d at 1339, 70 USPQ2d at 1864;
Gulack, 703 F.2d 1385, 217 USPQ at 404.
Accordingly, we affirm the Examiner’s § 103(a) rejection of claims
11 and 12 over Wang in view of Cooper or the § 103(a) rejection of claims
13-16 over Wang in view of Cooper and Bacon.
DECISION
The Examiner’s decision is affirmed.
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).
AFFIRMED
tc/ls
The Procter & Gamble Company
Intellectual Property Division- West Bldg.
Winton Hill Business Center- Box 412
6250 Center Hill Avenue
Cincinnati, OH 45224
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