Appeal No. 2002-1533
Application No. 09/055,377
device may or may not comprise an outer shell comprising a foam
insulating layer wherein said layer defines at least a portion of
the inner surface of the outer shell. In short, since neither
one of the applied references teaches, suggests or implies an
outer shell comprising a foam insulating layer wherein the foam
layer defines at least a portion of the inner surface of the
outer shell, it cannot be said that their combined teachings
would have rendered obvious such a construction.
Accordingly, we will not sustain the rejection of claim 1,
or claims 10-12 and 39 that depend therefrom, as being
unpatentable over the combination of Zimmerman and Staggs.
Rejection (2)
Considering next the examiner’s rejection of independent
claim 17, the examiner acknowledges that Zimmerman does not
respond to the limitation of claim 17 pertaining to the recess in
the inner surface of the outer shell spaced from the lip of the
shell for engaging the rim of the inner vessel and for preventing
contact between the inner vessel and the mouth of a consumer of
liquid from the receptacle. The examiner’s reliance on Myers to
overcome this deficiency also is not well taken.
Myers pertains to a reusable container or jacket 1 for milk
and the like made of iron, steel, aluminum, brass, bakelite, or
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007