Appeal No. 2004-1293
Application No. 09/989,330
may have an external appearance of a natural object such as a
rock or log. (Page 2, lines 18-24.)
From these teachings, we determine that James describes,
either expressly or inherently, each and every limitation of
claims 1 through 3, 6 through 11, 16, 17, and 30 within the
meaning of 35 U.S.C. § 102(b). In re Schreiber, 128 F.3d at
1477, 44 USPQ2d at 1431.
B. Claims 12, 13, 18, 22, 24, 26 through 29, 31, and 32
are rejected under 35 U.S.C. § 103(a) over James.
Claims 12 and 13 recite that at least a portion of the
receptacle is shaped to resemble an animal and a “vegetable
organism,” respectively. As we discussed above in rejection A,
James teaches that the outer upper surface of the hollow shell
may be in the form of any natural object. Thus, we determine
that one of ordinary skill in the art would have found it prima
facie obvious to mold the hollow shell of James in the form of
any natural object such as an animal or a vegetable.
Claims 18, 22, 24, and 26 through 29 require two recesses,
one of which is below the surface of the liquid when the
container is at least partially filled and the other above the
surface of the liquid. As we indicated above, James teaches one
or more hollow shells. One of ordinary skill in the art would
have found it prima facie obvious to provide at least one hollow
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