Ex parte BROWN - Page 7




                 Appeal No. 97-1226                                                                                       Page 7                        
                 Application No. 08/288,479                                                                                                             


                 mist of liquid from the second container 20, (2) the second                                                                            
                 container 20 has a threaded neck portion defining a filling                                                                            
                 opening, and (3) the sprayer 21 is secured to and closes the                                                                           
                 filling opening of the threaded neck portion of the second                                                                             
                 container 20.  The first container 11 is a double walled                                                                               
                 container having insulation material 14 disposed between the                                                                           
                 walls.  Diamond teaches (column 2, lines 45-51) that the                                                                               
                 liquid within the second container 20 will be maintained at                                                                            
                 the same temperature as liquid contained within the volume 12                                                                          
                 of the first container 11.  Accordingly, the volume of liquid                                                                          
                 12 within the first container 11 and the first container 11                                                                            
                 together constitute an insulator substantially conformably                                                                             
                 enclosing the second container 20 thereby reducing heat                                                                                
                 transfer through the surface of the second container 20.                                                                               


                          In applying the test for obviousness , the examiner              2                                                            
                 determined (answer, p. 4) that                                                                                                         


                          2The test for obviousness is what the combined teachings                                                                      
                 of the references would have suggested to one of ordinary                                                                              
                 skill in the art.  See In re Young, 927 F.2d 588, 591, 18                                                                              
                 USPQ2d 1089, 1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d                                                                          
                 413, 425, 208 USPQ 871, 881 (CCPA 1981).                                                                                               







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