Appeal No. 2001-1844
Application No. 09/178,951
plurality of marker means having a ferromagnetic base
supporting identification indicia and “an anchoring plate
having a ferrous composition... permanently affixed to the lid
of a food storage container and allowing for the removable
attachment of said marker means thereto.”
While we would view the magnetic tabs (12) of Namisniak
‘160, seen in Figures 1, 2 and 4, etc., as being “marker
means” comprising a ferromagnetic base supporting
identification indicia, we find nothing in Namisniak ‘160 that
corresponds to the anchoring plate of ferrous composition
permanently affixed to the lid of a food storage container and
allowing for the removable attachment of marker means thereto,
as set forth in appellants’ independent claim 1. A review of
the Johnson patent applied by the examiner in combination with
Namisniak ‘160 likewise reveals no such “anchoring plate”
permanently affixed to the lid of a food storage container.
Thus, like appellants, we find that the references applied by
the examiner fail to disclose or teach every element of the
claimed subject matter and that it is only through the use of
impermissible hindsight that the examiner could conclude that
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