Appeal No. 1999-2211 Page 10
Application No. 08/620,427
holding napkins (col. 3, lines 35-38). From the disclosure of
Bott, we find that each of the peripheral
rim 24, inwardly projecting protrusions 30 on interior rim 28,
and clips 30 will retain the tubing of a stethoscope.
We agree with appellant's assertion (brief, page 6) that
the term "retaining" suggests more than balancing an item, and
that it suggests that the item will not be easily dislodged.
However, we find that the base (main panel) 22 of the tray 12
will support a stethoscope, and that each of the clip, rim 28
and
protrusions 30, and peripheral rim 24 will retain a
stethoscope tube on the tray, such that the tubing will not be
easily dislodged. Peripheral rim 23 will retain stethoscope
tube on the tray because the peripheral rim is an upstanding
wall. Interior rim 28 with inwardly projecting protrusions 30
will retain the tubing because the protrusions project
inwardly from the top of upwardly projecting wall 28, which is
high enough to retain a plate. Clips 36 with wedge-shaped
cavities 36A will retain the tubing of a stethoscope because
of the nature of the wedge-shape, and its proximity to
interior rim 28. Thus, we are unpersuaded by appellant's
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