Ex Parte Rhoades - Page 10

               Appeal 2007-0924                                                                             
               Application 10/401,079                                                                       
               such as by removing the label (Wolfe, col. 4, l. 66) or placing it back within               
               the cover member 22b (Wolfe, col. 5, ll. 5-7).  Wolfe's cap member 24b is,                   
               of course, a means for enclosing the cover member 22b.  We therefore                         
               conclude that, contrary to Appellant's argument, Wolfe teaches "a means for                  
               storing objects and a means for enclosing the storing objects means wherein                  
               one of the storing objects means and the enclosing means defines an internal                 
               space in which the expandable structure can be manipulated" as required by                   
               claim 16.                                                                                    
                      For the reasons explained above, Appellant fails to demonstrate the                   
               Examiner erred in rejecting claim 16 as anticipated by Wolfe.  The rejection                 
               is sustained as to claim 16, as well as claims 17 and 18, which Appellant has                
               not argued separately from claim 16.                                                         

                                        The obviousness rejections                                          
               Claims 1, 2, 5 and 8:                                                                        
                      Claim 1, and claims 2, 5 and 8 depending therefrom, recite a housing                  
               defining a first internal space to store at least one item, an expandable                    
               structure, and an occluding structure removably coupled to the housing,                      
               wherein one of the housing and the occluding structure defines a second                      
               internal space separate from the first internal space.  The Examiner concedes                
               that the device of Figures 10 and 11 of Wolfe, relied upon by the Examiner                   
               in rejecting the claims, does not have structure defining first and second                   
               internal spaces, the second internal space being separate from the first                     
               internal space.  To address this deficiency, the Examiner relies upon the                    
               teaching of Yannuzzi of providing a separate compartment within an                           
               emergency medical information container for emergency pills or other                         

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