Appeal No. 2001-2185
Application 09/205,079
the frame by a pivot pin 10, and penetrating spurs 13 carried
by the cover. In use,
when a can is engaged in the frame and rests on the
base 1 it will be gripped by clip 16 and held firmly
. . . , whereupon the cover can swing downwardly,
until the spurs 13 rest on the can top. When it is
desired to puncture the can top, pressure is exerted
on the cover 12 in order to form the necessary
openings therein. By puncturing two openings in the
can top one may be used for pouring the contents and
the other as a vent.
After each pouring operation the cover is left
in its lowered position so that the spurs will close
the openings to prevent deterioration of the can
contents [page 1, column 1, line 57, through page 1,
column 2, line 8].
In proposing to combine Montgomery and Pasmore to reject
claims 2 and 17, the examiner concludes that it would have
been obvious to a person of ordinary skill in the art “to
implement a beverage guard (12) moveable with the assistance
of a pivot pin (10) and mounted by a support frame (4) as
taught by Pasmore onto the tray of Montgomery et al’s
invention to retain a beverage drink in position and prevent
accidental spillage” (answer, pages 4 and 7).
The combined teachings of these references, however, do
not indicate that the prevention of accidental spillage is of
any real concern to Montgomery. Indeed, the Montgomery tray
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