The appearance of [1] is substantially the same as that of the claimed design. See e.g., International Seaway Trading Corp. v. Walgreens Corp., 589 F.3d 1233, 1237-38, 1240, 93 USPQ2d 1001 (Fed. Cir. 2009) and MPEP § 1504.02.
Examiner Note:
1. This paragraph should be included after paragraph 15.11.aia or 15.15.aia to explain the basis of the rejection.
2. In bracket 1, identify the reference applied against the claimed design.