Appeal No. 1999-0391
Application 08/225,229
the upper compartment and the lower compartment;
(b) molding a base having a circular base platform and a cylindrical base wall that will increase
the size of the lower compartment when the base is connected to the housing;
(c) inserting means for attracting attention into the lower compartment of the beverage vessel;
and
(d) sealing the lower compartment by connecting the base to the housing by connecting a lower
edge of the cylindrical housing wall to an upper edge of the cylindrical base wall.
The following references are relied on by the examiner:
Ditto et al. (Ditto) 4,344,113 Aug. 10, 1982
Runge 4,390,928 Jun. 28, 1983
Von Kohorn 4,616,304 Oct. 7, 1986
Claims 1 and 6 stand rejected under 35 U.S.C. § 102(b) as being anticipated by Ditto.
Claims 22 and 26 stand rejected under 35 U.S.C. § 103. As evidence of obviousness, the
examiner relies upon Runge and Von Kohorn.
Rather than repeat the positions of appellant and the examiner, reference is made to the Briefs
and the Answer for the respective details thereof.2
OPINION
In reaching our conclusion on the issues raised in this appeal, we have carefully considered
2We note that the Reply Brief of June 10, 1997, has been entered and considered by the examiner as per the
letter from the examiner of February 25, 1999. We also note that the Information Disclosure Statement of June 26,
1996, has not been considered as per the letter from the examiner of October 10, 1996.
3
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