Ex parte ZEHNDER - Page 5




          Appeal No. 2000-0204                                                        
          Application No. 08/512,068                                                  


          candles can be manufactured in glass candle containers or                   
          suggest that glass candle containers could be placed inside of              
          his candle mold.                                                            


          We find appellant's argument to be unpersuasive of any                      
          error on the examiner's part.  Claim 13 on appeal is directed               
          to a wick holding grate per se and not to candles manufactured              
          in glass candle containers or to any combination of a wick                  
          holding grate and candles in glass candle containers arranged               
          in a particular relationship in a shipping container.  Like                 
          the examiner, it is our view that the wick holding element                  
          (36) of Bolinger Figure 8 is fully responsive to, and thus                  
          anticipatory of, the wick holding grate set forth in claim 13               
          on appeal.  We also observe that the wick holding elements                  
          seen in Figures 9 and 16 of Bolinger appear to be fully                     
          responsive to the wick holding grate defined in appellant's                 
          claim 13.  Like the examiner, we additionally find that the                 
          wick holding element (36) of Bolinger is clearly capable of                 
          being shipped along with the candles of Bolinger as part of a               
          shipping container.  In this regard, we note that the language              
          of appellant's claim 13 requires no more than that the wick                 
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