Appeal No. 2003-1289 Page 7
Application No. 09/028,796
showing the cap removed and the wreath rest opened in position to be used to support
a wreath, or other floral design or such emblem as may be desired to be placed
thereon. As shown in the drawings, the casket includes a body A; a glass cover B at
the head; a suitable molding C at the head; and a wreath rest D which consists of a flat
board of any desired outline arranged to fit within the molding C and rest when closed
upon the glass cover B. The wreath rest D is hinged at one end to the molding C by
hinges d so that it may be removed if necessary. A cover E shown in Figure 2 is used
when the wreath rest and the coffin are closed.
The appellants argue (brief, pp. 6-7; reply brief, p. 2) that the anticipation
rejection of claims 22 to 24, 26 and 27 based on Whitney should be reversed since
Whitney's casket does not include a "memorabilia compartment." We do not agree.
In our view, the claimed "memorabilia compartment" is readable on Whitney's
compartment4 which is defined by the opening in the molding C above the glass cover B
as shown in Figures 1-3 of Whitney. This compartment is openable and closable by
cover E. As to the use of adjective memorabilia to describe the compartment, it is our
determination that this adjective sets forth only a statement of intended use and does
not distinguish the structural apparatus claimed (i.e., the claimed casket) over the
4 Id.
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