Appeal No. 2001-1489 Page 12
Application No. 09/177,695
Advertisement shows the jars “fit together.” Presumably, this is accomplished by a
“coupling means”.
Regarding claims 3 and 4, which add to the method of claim 2 the requirement
that the first and second containers be joined such that “the means for coupling is a
threaded screw” or are that the containers be stacked and “releasably locked” together,
respectively, we do not see where this is disclosed in the cited prior art. The “five little
jars” shown in the Jacqueline Cochran Advertisement appear to be coupled in a
lockable relationship to each other. However, given the legibility of the copy of the
reference provided to us, it is difficult to tell whether they are coupled by threaded
screws. The advertisement’s use of the word “jar” would suggest that that might be the
case. To be sure, if examiner applies the Jacqueline Cochran Advertisement against
this claim, we suggest obtaining the original advertisement to be certain. As to the
limitation that the containers be “releasably locked,” the specification nowhere defines
these terms and, consequently, they should be given the plain meaning of the words,
i.e., that the containers are capable of being engaged in an open and closed
arrangement. Such an arrangement would appear to be exhibited by the “five little jars
fit together” in the Jacqueline Cochran Advertisement.
Regarding the color indications set forth in claims 5 and 6, although examiner
mentions the color limitation in the grounds of rejection, it does not appear to be fully
addressed. In the Response to the Argument, examiner states that
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007