Appeal No. 96-2296
Application 08/091,894
a compact packing may be formed to save
storage space when the trays are empty.
Appellants argue on pages 7 and 8 of their brief that, in
essence (1) Van Onstein does not disclose a tray with tapered
free standing pillars spaced about the periphery of the base;
(2) deLarosiere “merely discloses a tray having a single
tapered supporting pillar 40 located substantially in the
center of the center of the square defined by the four ver-
texes 30A, 30B, 30C and 30D,” which “is dimensioned to fit
within a space between four bottles of a six pack”; and (3)
the combination of
references,
therefore, does not contemplate the problem
solved by the claimed structure as set out
in these claims and therefore the factual
predicate necessary to establish a prima
facie case of obviousness has not been
demonstrated.
After fully considering the record in light of the
arguments presented by appellants and the examiner, we con-
clude that the subject matter recited in claim 1 is unpatent-
able under 35 U.S.C. � 103.
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