Appeal No. 2000-0293 Page 8
Application No. 08/766,862
We turn now to the examiner’s rejection of claims 3 and 9
through 11 under 35 U.S.C. § 103 as being unpatentable over Martire,
Gatt and Grusin and further in view of Coon. We have examined the
disclosure of Coon and find that Coon does not cure
the deficiencies discussed above for the combination of Martire, Gatt
and Grusin. Therefore, we will not sustain this rejection.
New ground of rejection
Under the authority of 37 CFR § 1.196(b), this panel of the
board introduces the following new ground of rejection.
Claims 1 and 8 are rejected under 35 U.S.C. § 102(b) as being
anticipated by Grusin. Grusin discloses a body 18 having an upper
surface and a lower surface. A knob 30 protrudes upwardly from the
upper surface. At least one compartment 34 defined by an elongated
channel surrounding the knob is formed in the upper surface. A
substantially flat outer rim (upper surface 32 and/or rib 38,40)
surrounds the periphery of compartment 34. A recess is formed in the
lower surface of body 18 wherein the recess and knob provide means
for stackable configuration (See Col. 3, lines 26-29).
Remand to the Examiner
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