Ex Parte McGee - Page 4




                Appeal No. 2004-0046                                                                               Page 4                    
                Application No. 10/001,313                                                                                                   


                        Emery's invention relates to single use containers and receptacles made entirely                                     
                of some lightweight, inexpensive material, as molded pulp, paper, or the like.  Emery                                        
                states (column 1, lines 14-26) that:                                                                                         
                                 One problem with such a receptacle or container made of such                                                
                        light-weight material is that the article is easily tilted or tipped over when placed                                
                        on a flat supporting surface, as a table in the case of a plate or dish, or the floor                                
                        in the case of a cuspidor.                                                                                           
                                 Considering the cuspidor as characteristic of the general line of                                           
                        light-weight single service receptacles and containers made of molded pulp or                                        
                        the like, it is to be noted that the problem involved is to stabilize the article in the                             
                        region of its base so as to prevent it from being tipped over or tilted.                                             
                Emery's invention contemplates a single service receptacle or container which                                                
                embodies as an inherent feature of its construction an element of two-fold function, viz.                                    
                a stabilizer to steady the receptacle against tilting or tipping over and a mechanical                                       
                reinforcement or truss to stiffen and strengthen the receptacle against collapse or                                          
                distortion.  According to Emery's concept, the base of the receptacle or container is                                        
                provided with an annular rim extension adapted to rest flatly upon the table, floor or                                       
                other supporting surface and by such flat contact with such supporting surface to impart                                     
                stability to the article, as well as generally to stiffen and reinforce the same in the region                               
                where it is normally weakest and most susceptible to distortion.                                                             


                        Figures 1 and 2 of Emery illustrate a cuspidor 10 made of molded pulp or other                                       
                light weight inexpensive fibrous material, and embodying the features of his invention.                                      








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