Ex Parte JACKSON - Page 9



          Appeal No. 2000-0004                                       Page 9           
          Application No. 08/872,004                                                  

               Hasselquist does not teach that the container disclosed                
          therein needs reinforcement.  Rather, Hasselquist discloses that            
          the sidewalls are supported by air in space 16 and fluid once the           
          bowl is filled (Col. 4, lines 29 through 38).  Likewise, McBride            
          does not disclose that the collar 1 can provide support for the             
          sidewalls of a bowl.  As such, we agree with the appellant that             
          the prior art does not disclose a tubular band which is                     
          insertable into a bowl to provide support for the sidewalls of              
          the bowl as is required by claims 7 and 12 from which claims 8              
          through 10 and claims 13 through 15 depend.  In our view, the               
          examiner’s finding that the collar disclosed in McBride would               
          provide support for the bowl of Hasselquist is speculative and              
          can not form the factual basis on which a conclusion of                     
          obviousness rest.  See Warner, 379 F.2d at 1017, 154 USPQ at 177            
          (CCPA 1967).                                                                
               In view of the foregoing, the examiner’s rejection of claims           
          7 through 10 and 12 through 15 is not sustained.                            
               In summary:                                                            
               (1) The examiner’s rejection of claim 1 under                          
          35 U.S.C.  102(b) as being anticipated by Harrigan is sustained.           
               (2) The examiner’s rejection of claims 1 and 4 under                   
          35 U.S.C.  102(b) as being anticipated by McBride is sustained.            






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