Ex parte CAIN et al. - Page 8




          Appeal No. 2001-1844                                                        
          Application No. 09/178,951                                                  


          of container marker arrangement set forth in the claims before              
          us on appeal.                                                               


          The examiner’s further observation on page 5 of the                         
          answer that “Namisniak teaches labeling containers so as to                 
          remember dates... and Johnson teaches a removable, reusable                 
          system for labeling special days on a calendar,” while true,                
          does nothing to render obvious the particular food age                      
          organization system defined in appellants’ claims on appeal.                


          In light of the foregoing, we will not sustain the                          
          examiner’s rejection of claims 1 through 5 under 35 U.S.C.                  
          § 103(a) as being unpatentable over Namisniak ‘160 and                      
          Johnson. The decision of the examiner is, accordingly,                      
          reversed.                                                                   
                                      REVERSED                                        





                         CHARLES E. FRANKFORT          )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                          8                                           





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