Ex parte HERMAN et al. - Page 2




          Appeal No. 2001-2185                                                        
          Application 09/205,079                                                      


               The subject matter on appeal relates to “a beverage                    
          holder used in passenger vehicles, particularly to a beverage               
          holder                                                                      


          with anti-spill protection” (specification, page 1).                        
          Representative claim 2 reads as follows:                                    
               2.  A beverage holder comprising                                       
               a tray with top and bottom sides;                                      
               at least one drink well housed in said tray;                           
               a beverage guard; and                                                  
               a pivot member mounted on said top side of said tray                   
          connecting said beverage guard to said tray, allowing said                  
          beverage guard to move around said pivot member and positioned              
          to permit said beverage guard to move and completely cover                  
          said drink well.                                                            
                                   THE PRIOR ART                                      
               The references relied on by the examiner to support the                
          final rejection are:                                                        
          Pasmore                           2,532,244      Nov. 28, 1950              
          Stern et al. (Stern)              4,795,211      Jan.  3, 1989              
          Young et al. (Young)              4,863,134      Sep.  5, 1989              
          Montgomery et al. (Montgomery)    4,972,781      Nov. 27, 1990              
          Lorence et al. (Lorence)          5,060,899      Oct. 29, 1991              
                                   THE REJECTIONS                                     



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