Appeal No. 1999-0402
Application No. 08/567,385
the container, and that the container includes a plate
positioned over the ribs. The examiner cites Gyenge for its
teaching of a smooth bottom
16 over ribs 16a. However, it would not have obvious to one
of ordinary skill in the art to provide a plate positioned
over the bottom of Sere’s container in view of Gyenge because
a smooth plate like that of Gyenge would interfere with Sere’s
desire to provide an open bottom that allows inverted bottles
stored in the container to drain (column 1, lines 17-23;
column 3, lines 69-73). Hence, we will not sustain the
standing § 103 rejection of claim 14.
The § 103 rejections of claims 19, 20 and 24
As with claims 18, 22, 23, 25 and 28, appellants have not
separately argued the § 103 rejections of claims 19, 20 and
24. See the “GROUPING OF THE CLAIMS” section on page 3 of the
main brief. Accordingly, we also will sustain the standing
§ 103 rejections of claims 19, 20 and 24.
Summary
The rejection of claims 8, 18, 22, 23, 25 and 28 under
base claim 8.
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