Appeal No. 2000-1630
Application No. 09/085,540
5 calls for a base section including “a cylindrical wall” and
line 9 calls for “said cylindrical wall being tapered.” A side
wall that is “tapered,” as the side wall of appellant’s base
section, is not “cylindrical.” Thus, the term “cylindrical” as
applied to the side wall of appellant’s base section is
inaccurate and misdescriptive. For purposes of this appeal, we
interpret the aforementioned instances of the words “cylindrical
wall” of the base section to be a reference to the “side wall”
thereof, such that claim 12 sets forth a base section including
a bottom wall and a side wall extending upwardly therefrom, with
said side wall being tapered. Although these informalities do
not obscure the metes and bounds of claim 12, they nonetheless
are deserving of correction upon return of this application to
the Technology Center.
Rejection (1)
Independent claim 12 calls for a base section having a
tapered side wall and a top section that is tapered to enable
the base and top sections to be nested for shipment. The
examiner has not convincingly explained, and it is not apparent
to us, where Meyers discloses both a base section and a top
3
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