Appeal No. 2000-1630
Application No. 09/085,540
specification is silent as to the dimensions of the bin
disclosed therein.
Under these circumstances, we hold that the examiner has
failed to meet the examiner’s initial burden of establishing a
prima facie case of anticipation, such that the standing
rejection of claims 4, 10 and 12 as being anticipated by Moran
cannot be sustained.
Rejection (3)
As noted above, claim 12 calls for a base section having a
tapered side wall and a top section that is tapered to enable
the base and top sections to be nested for shipment. The
examiner has taken the position (answer, page 4) that the base
section of Monie has a tapered wall extending upwardly from the
bottom wall to an upper edge thereof; however, we are in accord
with appellant’s argument (brief, page 8) that the base section
of Monie does not have a side wall that is tapered. In
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