Appeal No. 2003-0161
Application No. 09/578,575
enable a container to be moved by being pushed rather than having
to be lifted.
REMAND
The appellants’ claim 17 encompasses maintaining any crated
dairy product at a chilled temperature in a server without direct
use of ice or electricity, and otherwise only requires that the
server is placed in an accessible location for a consumer and
that individual dairy products are sold from the server. The
application is remanded to the examiner to determine whether
frozen liquid-containing plastic cooling containers like that of
Hotta, or other frozen liquid-containing plastic containers, such
as frozen water-filled plastic ice cubes, were known in the art
for cooling, in a server, crated beverages such as dairy products
which are sold as individual items from the server.
The application also is remanded to the examiner for the
examiner to consider, with respect to claims 18-20, any prior art
disclosures of frozen liquid-containing plastic cooling
containers such as frozen water-filled plastic ice cubes which,
like that of Hotta, were known to be effective for cooling
beverages. The examiner should determine whether such cooling
containers 1) are equivalent structures to the appellants’
freezer panels, and 2) were known in the art to be suitable for
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