Ex parte KRUEGER et al. - Page 4




          Appeal No. 98-2111                                                          
          Application 08/596,564                                                      


          George W. Young, and to the respective positions articulated                
          by appellants and the examiner.  As a consequence of our                    
          review, we have made the determination that we will not                     
          sustain the examiner’s rejection of claims 20 through 30 on                 
          appeal under 35 U.S.C.                                                      
          § 103.  Our reasons follow.                                                 


          Independent claims 20 and 28 on appeal each require that                    
          the tray/food holding section of the arrangement therein                    
          include a hub (16) joined to the food holding section in                    
          substantially fixed relationship, with said hub comprising a                
          single cylindrical wall having a cylindrical inner surface                  
          (28) disposed to engage an upper portion of the outer surface               
          of the cylindrical container “in snug-fitting relationship,”                
          and having said inner surface “extending vertically above said              
          food holding section” when said section is in a specified food              
          holding orientation.                                                        


          Independent claim 30 is similar to claims 20 and 28,                        
          except that it requires only that the hub (16) be provided                  
          with a cylindrical inner surface “formed in complementary                   

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