Ex parte ROSENHAIN - Page 2




          Appeal No. 97-0672                                         Page 2           
          Application No. 08/329,086                                                  


               The appellant's invention is directed to a two piece                   
          utensil holding container.  The subject matter before us on                 
          appeal is illustrated by reference to claim 1, which reads as               
          follows:                                                                    
               1.   A two-piece utensil holding container comprising:                 
               a rigid inner member having a body portion with an                     
          interior and exterior surface, an open top and a closed bottom;             
               a supple, sleeve member mounted about the exterior surface             
          of the body portion of the inner member, said sleeve member                 
          having an inner and outer surface, said outer surface of said               
          sleeve member having a three-dimensional decorative image                   
          molded thereon, said decorative image including a portion                   
          defining at least one gripping member, which is configured to               
          engage and removably hold a utensil.                                        

                                    THE REFERENCES                                    
               The references relied upon by the examiner to support the              
          final rejection are:                                                        
          Zent et al. (Zent)                 2,484,776           Oct. 11,             
          1949                                                                        
          Engvall                            5,178,354           Jan. 12,             
          1993                                                                        
          United Kingdom Design Patent            2,023,013           Feb.            
          22, 1993                                                                    
          (Chan)                                                                      
                                    THE REJECTION                                     










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