Appeal No. 1999-2730
Application 09/008,836
unpatentable over Whitney in view of Stevens and the admitted
prior art, and further in view of Cooper.
Claim 6 stands rejected under 35 U.S.C. § 103 as
unpatentable over Whitney in view of Stevens and the admitted
prior art, and further in view of Tancredi.
OPINION
We have carefully reviewed the rejections on appeal in
light of the arguments of the appellant and the examiner. As
a result of this review, we have determined that the applied
prior art does not establish a prima facie case of obviousness
with respect to the claims on appeal. Therefore, the
rejections on appeal are reversed. Our reasons follow.
We are generally in agreement with the examiner's
findings of fact with respect to the Whitney reference.
Whitney discloses a carafe and cup combination for use in
hospitals. Whitney's cap 20 has a circular flange and a lower
cylindrical stopper section 21. On the stopper section are
circumferentially spaced projections 23. The examiner regards
these projections as an array of vertical ledges as called for
3
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