Appeal No. 97-3555 Page 3
Application No. 08/534,692
BACKGROUND
The appellants' invention relates to a container for
stabilizing a food dish. An understanding of the invention can
be derived from a reading of exemplary claims 1, 15, 26 and 28,
which appear in the appendix to the appellants' brief.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Baraban 547,759 Oct. 15, 1895
Cannell 3,770,115 Nov. 6, 1973
Schlaupitz et al. 5,269,430 Dec. 14, 1993
(Schlaupitz)
Edwards et al. 5,339,973 Aug. 23, 1994
(Edwards)
Claims 1 through 28 and 30 through 32 stand rejected under
35 U.S.C. § 112, second paragraph, as being indefinite for
failing to particularly point out and distinctly claim the
subject matter which the appellants regard as the invention.
Claims 1 through 10 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Cannell in view of Baraban and
Schlaupitz.
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