Ex parte JENTZSCH et al. - Page 6




          Appeal No. 97-3757                                                         
          Application 08/298,351                                                     


          therefore are at the same vertical distance from the plane at the          
          bottom of the support surface (bead 6).                                    
               The rejection of claim 75 will not be sustained.                      
          Claim 87                                                                   
               Claim 87 requires that the first and second parts of the              
          inner wall positioned between the annular support and center               
          panel have “different orientations relative to said vertical               
          axis”.  This language is not readable on the reference because,            
          in Claydon’s Fig. 10, if the inner wall 5 were arbitrarily                 
          divided into first and second parts, those parts would both have           
          the same orientation relative to the vertical axis of the                  
          container.  The examiner does not suggest otherwise.                       
               We therefore will not sustain the rejection of claim 87.              
          The Dependent Claims                                                       
               Since we will not sustain the rejection under 35 U.S.C.               
          § 102(b) of the four independent claims on appeal, it follows              
          that the rejection on that ground of the claims dependent on               
          these claims will likewise not be sustained.                               
               Conclusion                                                            
               The examiner’s decision to reject claims 53, 56 to 64, 67 to          
          75, 78 to 87 and 90 to 111 is reversed.                                    
                                      REVERSED                                       

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