Appeal No. 97-0991
Application 08/436,660
assembly that allows an individual to choose and change the
ornamental design of the mug” (specification, page 1). Claim
10 is illustrative and reads as follows:
10. A mug assembly, comprising:
an external mug comprising a substantially cylindrical
container wall having an inner surface, the external mug
further comprising a mouth having a substantially circular
upper edge;
an internal mug adapted to be positioned inside the
external mug, the internal mug comprising a substantially
cylindrical container wall having an outer surface and a
substantially circular upper edge, the internal mug further
comprising a sealing material attached adjacent the upper edge
of the internal mug on the outer surface thereof, the sealing
material adapted to engage a portion of the inner surface of
the external mug;
wherein the diameter of the outer surface of the internal
mug is smaller than the diameter of the inner surface of the
external mug so that a second gap is defined when the internal
mug is positioned inside the external mug; and
wherein the internal mug is made of a non-plastic
material.2
The references relied upon by the examiner as evidence of
anticipation and obviousness are:
2The reference in claim 10 to “a second gap” should be
amended to read as --a gap-- since this is the only gap
mentioned in the claim.
-2-
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