Appeal No. 97-0991
Application 08/436,660
directly related to each other by the teachings of the
reference. In re Arkley, 455 F.2d 586, 587-88, 172 USPQ 524,
526 (CCPA 1972). Since the portions of the Fine disclosure
pertaining to the prior art container (Figures 1 and 2) and to
the Fine container (Figures 3 through 7) are not directly
related to each other by the teachings of the reference, the
standing 35 U.S.C. § 102(b) rejection of independent claims 10
and 21, and of claim 29 which depends from claim 10, is not
well founded.
This rejection is also unsound for additional reasons.
More particularly, Fine does not disclose a mug assembly
having “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” as recited in independent claim 10. The
examiner’s determination that the adhesive between the notch C
and edge D of the prior art container described by Fine meets
this limitation is based on unsupported and unreasonable
findings as to the properties and location of the adhesive.
The Fine container (Figures 3 through 7) also lacks such a
sealing material.
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