Ex parte KRUEGER et al. - Page 3




          Appeal No. 98-2111                                                          
          Application 08/596,564                                                      


          Patterson ‘028 shows a cylindrical container (24) in the same               
          environment, and concludes that it would have been obvious to               
          one of ordinary skill in the art in view of Patterson ‘028 to               
          have made the container/glass (24) of Patterson ‘737                        
          cylindrical.                                                                


          Rather than reiterate the examiner's full statement of                      
          the above-noted rejection and the conflicting viewpoints                    
          advanced by the examiner and appellants regarding the                       
          rejection, we make reference to the final rejection (Paper No.              
          6, filed                                                                    
          May 16, 1997) and the examiner's answer (Paper No. 12, mailed               
          February 4, 1998) for the examiner's reasoning in support of                
          the rejection, and to appellants’ brief (Paper No. 11, filed                
          November 17, 1997) for appellants’ arguments thereagainst.                  


          OPINION                                                                     


          In reaching our decision in this appeal, we have given                      
          careful consideration to appellants’ specification and claims,              
          to the applied prior art references, to the declaration of                  

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