Ex parte FRANSSEN - Page 3




          Appeal No. 97-4080                                                          
          Application 08/432,079                                                      


          35 U.S.C. § 103 as unpatentable over Kopmar in view of                      
          Carlson and Threlfall.  According to the examiner, Kopmar                   
          teaches a stand for holding containers.  The stand comprises                
          table member 11 and a support stand 10 removably connected to               
          the table member via a socket in the bottom of the table                    
          member.  The table member has a plastic deck 12, 13 having                  
          cup shaped receptacles 15 under its openings 16.  Kopmar does               
          not show a tripod base, nor does it show a downwardly                       
          depending peripheral flange.  The examiner has relied on                    
          Carlson to teach a table member having a downwardly depending               
          peripheral flange wherein the bottom walls of the flange                    
          appear to have substantially the same or greater depth than                 
          the depth of the receptacles located in the table member.                   
          According to the examiner, it would have been obvious to                    
          modify the table member of Kopmar by adding a downwardly                    
          depending peripheral flange thereto.  The motivation for this               
          combination of references is, according to the examiner, for                
          aesthetic purposes.  Finally, the examiner also states that                 
          it would have been obvious to use the tripod stand support of               
          Threlfall as an alternative to the sharpened supporting stand               
          of Kopmar to provide a more stable means of support.                        
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