Appeal No. 1999-0391
Application 08/225,229
shows that the upper and lower housing as well as the dividing portion may by made of glass or
plexiglass (i.e., transparent). See Runge, claim 13.
Appellant also argues (Brief, page 10; Reply Brief, pages 1 to 3) that Von Kohorn teaches
reducing a lower compartment volume, and therefore teaches away from the claimed feature of
increasing the lower compartment volume. We disagree, and note that the examiner relies upon the
Figure 3 embodiment of Von Kohorn, and not the Figure 2 embodiment as argued by appellant, in
supporting the § 103 rejection. While appellant’s assertion as to the Figure 2 embodiment described at
column 5, lines 2 to 6 of the reference may be accurate, we will sustain the examiner’s rejection based
on the Figure 3 embodiment, which in our opinion, shows a two-compartment housing 31 having upper
and lower compartments wherein the lower compartment is increasable in size by connecting a base 38
to the housing 31.
As to the fact that Von Kohorn pertains to an illuminated flower pot, we see no problem with
the motivation for making the combination of Runge and Von Kohorn. One of ordinary skill in the art
looking at the two-compartment beverage vessel of Runge, and concerned with improving a method of
increasing the size of the lower compartment so as to provide a way to insert an entertaining or attention
attracting device (e.g., a light, battery, and switch), would logically look to Von Kohorn. Both
references pertain to two-compartment housings having a circular dividing platform and a light means in
the lower compartment wherein the "size" of the lower compartment is increased by adding the base to
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