Appeal No. 96-2296
Application 08/091,894
CALVERT, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal from the final rejection of claims
1 to 4, 6 and 7. Claims 8, 9, 11 and 12, the other claims
remaining in the application, have been allowed.
The subject matter in issue concerns a stackable
tray for bottles or cans. The appealed claims are reproduced
on pages 9 to 11 of appellants’ brief.
The references applied in the final rejection are:
deLarosiere 4,410,099 Oct. 18,
1983
Van Onstein et al. (Van Onstein) 4,944,400 July 31,
1990
Claims 1 to 4, 6 and 7 stand finally rejected under
35 U.S.C. § 103 as unpatentable over Van Onstein in view of
deLarosiere.
Van Onstein discloses a tray 2 (Figs. 3 and 4) for a
plurality of containers 3, e.g., bottles, which is made of
molded plastic (col. 6, lines 50 to 55) and has a bottom wall,
2
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