Appeal No. 2002-1147 Page 2
Application No. 09/305,799
BACKGROUND
The appellant's invention relates to sift proof containers designed to prevent
leakage of particulate contents or infestation by insects (specification, p. 1). A copy of
the claims under appeal is set forth in the appendix to the appellant's brief.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Smitherman 5,540,774 July 30, 1996
Jenkins 5,688,218 Nov. 18, 1997
Claims 1, 2 and 6 to 15 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Jenkins.
Claims 1, 2 and 5 to 15 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Jenkins in view of Smitherman.2
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejections, we make reference to the answer
2 Since the rejection of claim 2 under 35 U.S.C. § 112, second paragraph, set forth in the final
rejection (Paper No. 5, mailed September 26, 2000) was not set forth in the examiner's answer we
assume that this ground of rejection has been withdrawn by the examiner. See Ex parte Emm, 118 USPQ
180, 181 (Bd. App. 1957).
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