Ex Parte Accardo - Page 2




             Appeal No. 2002-0957                                                               Page 2                
             Application No. 09/635,634                                                                               


                                                  BACKGROUND                                                          
                    The appellant's invention relates to containers useful for holding joint compound                 
             and similar material that can be mixed within the container and scooped therefrom for                    
             application with an applicator such as a taping knife or trowel and, more particularly, to               
             double bay containers suitable for retaining in a second bay material spilled over the                   
             edge of a first bay as it is scooped therefrom (specification, page 1).  Claim 1, the sole               
             claim before us on appeal, reads as follows:                                                             
                           1.  An open topped container comprising a first receptacle                                 
                           and a second receptacle joined at a common upper edge                                      
                           each receptacle having a rectangular open top and each                                     
                           receptacle enclosing a volume on all sides except the open                                 
                           top wherein panels extending from the common edge                                          
                           provide a sufficient length of space therebetween to rest on                               
                           at least a portion of a forearm extended by a user                                         
                           therebetween and to accommodate at least a portion of a                                    
                           thumb of a hand of the user extended beneath and around                                    
                           one of the receptacles and wherein the first receptacle, the                               
                           receptacle that is on the inside of the forearm as the                                     
                           container rests on the forearm, provides a curved path for                                 
                           raking material onto an applicator.                                                        

                    The examiner relied upon the following prior art references of record in rejecting                
             claim 1:                                                                                                 
             Pratt                                     1,757,475                   May   6, 1930                      
             De Murguiondo                             2,162,162                   Jun. 13, 1939                      
             Budd                                      4,800,845                   Jan. 31, 1989                      










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