Ex Parte KOLOWICH - Page 4




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


          claim 1 that the outer shell of the receptacle has a foam                   
          insulating layer defining at least a portion of the inner surface           
          of the outer shell.  The examiner’s reliance on Staggs to                   
          overcome this deficiency is not well founded.                               
               Staggs pertains to a container designed to rapidly transform           
          its contents into a congealed or very low temperature liquid                
          condition.  The device comprises an inner container enclosed                
          within a larger outer cup and a water based refrigerant in the              
          space therebetween.  For use, “the device in [sic, is] placed in            
          a refrigerator freezer until the refrigerant is solidified.  The            
          contents are then poured into the container and cooled as heat is           
          absorbed by the refrigerant through the walls of the inner                  
          container” (abstract).  Staggs states that the concepts of the              
          invention may also be applied in the design of containers to                
          heat, rather than cool their contents (column 29, lines 26-33).             
               Looking at the construction of the Staggs device in detail,            
          Figures 1-3, 10 and 11 show that the container includes an                  
          exterior cup 14 (which forms the large outer cup) and a cold cell           
          assembly 12 (which forms the inner container), with the exterior            
          cup 14 and cold cell assembly 12 being joined at their upper ends           
          by a mouthpiece 10 and sealing arrangement 24.  The cold cell               
          assembly 12 is a double walled structure defined by an outer wall           

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