Appeal No. 2001-2185
Application 09/205,079
12 and 14 pivotally connected to the underside of the top.
Each leg assembly consists of a pair of legs 40 and 42 and a
cross bar 44. In the operative “unfolded” positions of the
leg assemblies, the cross bars lie beneath the openings to
provide bottom support for articles placed therein. Two of
the openings 16 and 18 have circular configurations for
accommodating beverage cans and tumblers.
As acknowledged by the examiner (see pages 4 and 7 in the
answer), Montgomery does not respond to the limitations in
independent claims 2 and 17 requiring the claimed beverage
holder to include (1) a “beverage guard” and (2) a “pivot
member” movably connecting the beverage guard to the tray so
as to allow it to completely cover a drink well in the tray.
The examiner’s reliance on Pasmore to overcome these
deficiencies is not well founded.
Pasmore discloses a holding and perforating device for
evaporated milk cans or the like. The device comprises a base
1 for supporting the bottom of a can 2, a frame 4 upstanding
from the base, a resilient clip 16 extending from the frame
for gripping the can, a metal cover 12 pivotally mounted on
4
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