Ex parte EBINE - Page 2




          Appeal No. 98-2417                                                          
          Application 08/570,894                                                      




          Appellant's invention is directed to a container for                        
          beverages and, more specifically, to a container having at                  
          least two compartments therein.  Independent claim 1 is                     
          representative of the subject matter on appeal and a copy of                
          that claim, as reproduced from the Appendix to appellant’s                  
          brief, is attached to this decision.                                        


          The prior art references of record relied upon by the                       
          examiner in rejecting the appealed claims are:                              
          Rudick et al. (Rudick)   4,784,678           Nov. 15,1988                   
          Kim                      5,492,244           Feb. 20,1996                   
          (filed July 18, 1994)                                                       
          Claims 1 through 11 stand rejected under 35 U.S.C. §                        
          102(b) as being anticipated by Rudick.                                      


          Claims 2 through 11 stand additionally rejected under 35                    
          U.S.C. § 103 as being unpatentable over Rudick.                             


          Claim 11 stands further rejected under 35 U.S.C. § 103 as                   
          being unpatentable over Rudick in view of Kim.                              


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