Ex Parte KOLOWICH - Page 3




          Appeal No. 2002-1533                                                        
          Application No. 09/055,377                                                  


                                     DISCUSSION                                       
          Rejection (1)                                                               
               Zimmerman, the examiner’s primary reference, discloses in              
          Figure 1 a container comprising an innermost container 10 formed            
          of a material having good heat transfer properties, an outermost            
          container 14 formed of a material having good heat insulation               
          properties, and thermodynamic material 18 disposed between                  
          containers 10 and 14 and selected to have a phase change                    
          temperature within the range of the desired temperature for use             
          of a heated material to be disposed in and dispensed from the               
          container.  Zimmerman envisions that the container may be used,             
          for example, as a coffee cup.  As explained at column 1, line 70,           
          through column 2, line 9:                                                   
                    It is of course well known that coffee quite                      
               frequently is served at a temperature at which it is                   
               too hot for immediate drinking.  In fact the coffee may                
               be so hot as to require a number of minutes for it to                  
               cool to the desired drinking temperature range of                      
               approximately 145-155° F.  The container of Figure 1 is                
               adapted to cool the coffee down from even the boiling                  
               temperature to said desired range in less than one                     
               minute’s time and to thereafter maintain the                           
               temperature within the desired range, for a period of                  
               many minutes.  For this purpose, the preferred material                
               18 is bee’s wax, having a melting point of                             
               approximately 147° F.                                                  
               As conceded by the examiner (see page 3 of the answer),                
          Zimmerman does not respond to the limitation of independent                 

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