Appeal No. 98-2111
Application 08/596,564
Appellants’ invention relates to a food serving tray
usable in combination with a separate, conventional
cylindrical beverage container and to a food serving
arrangement that includes both a tray/food holding section and
an elongated cylindrical container for food or beverages
usable with the food holding section. Independent claims 20
and 28 are representative of the subject matter on appeal and
a copy of those claims may be found in the Appendix to
appellants’ brief.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Patterson et al. (Patterson ‘737) 5,058,737 Oct. 22, 1991
Patterson et al. (Patterson ‘028) 5,292,028 Mar. 8, 1994
Claims 20 through 30 stand rejected under 35 U.S.C. § 103
as being unpatentable over Patterson ‘737 in view of Patterson
‘028. According to the examiner (final rejection, pages 2-3),
Patterson ‘737 discloses all of the claimed features except
that the container therein (i.e., glass 24) is not cylindrical
as the claims on appeal require. The examiner notes that
2
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