Appeal No. 1997-3814 Page 3
Application No. 08/601,461
BACKGROUND
The appellant's invention relates to a "push-up" type
package for a frozen confection which includes a plunger
member which can be used as a novelty ink stamp after
consumption of the confection (specification, p. 1). A
substantially correct copy of the claims under appeal is set
forth in the appendix to the appellant's brief. 2
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Chamberlain 204,421 June 4,
1878
Wheless 377,974 Feb. 14,
1888
Zabriskie 1,607,660 Nov.
23, 1926
Collier 3,085,883 Apr. 16,
1963
Stump 3,595,449 July 27,
1971
Hodska 3,968,262 July 6,
1976
Mueller 5,111,973 May 12,
1992
2Claim 1 as set forth in the appendix to the brief does
not reflect the amendments made to Claim 1 subsequent to the
final rejection.
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