Ex Parte McCutchan - Page 6



          Appeal No. 2006-0930                                                        
          Application No. 09/905,540                                                  

                    denotes a container, 21 denotes a cavity, 22 denotes a            
                    continuous side wall, 23 denotes a lip of the                     
                    container 20, 25 denotes an opening, 26 denotes a                 
                    removable lid, 27 denotes an overcap, 28 denotes a lip            
      5             of the overcap 27, 29 denotes a peripheral edge of the            
                    overcap 27, 30 denotes snack pieces, 40 denotes a tub,            
                    42 denotes a lid enclosing tub 40, 44 denotes a peel              
                    tab, 46 denotes a lip of the tub 40, and 50 denotes a             
                    dip condiment.  (Specification at 8-19.)                          
     10        11. The subject specification (page 17, lines 23-24)                   
                    describes another embodiment of the invention as                  
                    follows:                                                          
                    In an alternative embodiment, tub 40 could be a                   
                    tub that inserts into the cavity 21 of container                  
     15             20 either non-connected to container 20 or                        
                    connected to container 20.                                        
               12. The term “average projected area” as recited in                    
                    appealed claim 1 is defined in the specification (page            
     20             7, lines 2-12) as follows:                                        
                         The projected area listed in Table 1 for                     
                    these kits was an average calculated projected                    
                    area and was calculated by randomly selecting                     
                    three whole chips from the kits, measuring each                   
     25             chip’s projected area and then calculating the                    
                    average of these projected areas.  Projected                      
                    area, as used herein, is essentially the area                     
                    within the two-dimensional outline of the shape                   
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