Appeal No. 97-0991
Application 08/436,660
are not limited to the degree of frictional
engagement, nor are the claims limited to when the
frictional engagement occurs [answer, pages 7 and
8].
It is thus apparent that the examiner is relying on the
portions of the Fine disclosure relating to the prior art
container shown in Figures 1 and 2 to meet all of the
limitations in claims 10, 21 and 29 except for those in
independent claims 10 and 21 requiring the internal mug to be
made of a non-plastic material. In this regard, Fine does not
disclose that the internal mug or liner of the prior art
container is made of a non-plastic material. To meet these
limitations, the examiner relies on a portion of the Fine
disclosure (column 4, line 59 et seq.) relating to the Fine
container shown in Figures 3 through 7 which teaches that the
inner liner or mug can be made of a material other than
plastic. It is well settled, however, that
anticipation is not established if in reading a claim on
something disclosed in a reference it is necessary to pick,
choose and combine various portions of the disclosure not
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