Appeal No. 2000-0204
Application No. 08/512,068
Bolinger 3,721,419 Mar. 20, 1973
Claim 13 stands rejected under 35 U.S.C. § 102(b) as
anticipated by Bolinger. More particularly, the examiner has
relied upon the embodiment of the wick holding element seen in
Figure 8 of Bolinger, urging that element (36) is a candle
wick holding grate comprising a base member (plate 42 and
flange portions 58) with a plurality of apertures (60) formed
in the base member and through each of which apertures a
candle wick can be passed, and a plurality of grooves or
notches (62) each of which can hold a candle wick after the
wick has been passed through an aperture in the base member.
The examiner further indicates with regard to the "whereby"
clause of claim 13 that element (36) of Bolinger is inherently
capable of being shipped with candles as a part of a shipping
container.
Rather than reiterate the conflicting viewpoints advanced
by the examiner and appellant regarding the above-noted
rejection, we refer to the examiner's answer (Paper No. 26,
mailed July 19, 1999) and to appellant's brief (Paper No. 25,
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