Ex parte EBINE - Page 6




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


          body (14) providing a second compartment positioned internally              
          within the first compartment.  The space between the inner                  
          body/second compartment (14) and the outer body (11) of the                 
          apparatus defines a first enclosure within which liquid may be              
          contained, while the second compartment (14) defines a second               
          enclosure.  The first compartment includes an openable liquid               
          dispensing opening (at 19) which selectively permits access to              
          the first enclosure, while the second compartment has an                    
          opening provided with an openable closure means (13) to                     
          selectively permit access into the second enclosure.  As can                
          be clearly seen in Figure 1 of Rudick, the second enclosure is              
          not in communication with the first enclosure. Thus, we find                
          that Rudick does disclose each and every element set forth in               
          appellant’s claim 1 on appeal.  Moreover, it is our opinion                 
          that the apparatus of Rudick is fully capable of functioning                
          in the manner set forth in the preamble of appellant’s claim 1              
          "for containing a removable liquid and a removable product,                 
          article, prize, or object."  In this regard, we observe that                
          the first enclosure of Rudick does contain a liquid beverage                
          therein, while the second enclosure clearly provides a space                
          between the closure means (13) and the rolling diaphragm (18)               
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