Ex Parte McGee - Page 2




                Appeal No. 2004-0046                                                                               Page 2                    
                Application No. 10/001,313                                                                                                   


                                                            BACKGROUND                                                                       
                        The appellant's invention relates to improved methods and apparatus concerning                                       
                preventing pets or small children from spilling liquid or food provided to them                                              
                (specification, p. 1).  A copy of claims 2 to 20 under appeal is set forth in the appendix                                   
                to the appellant's brief.  Claim 1 under appeal reads as follows:                                                            
                                 A bowl comprising:                                                                                          
                                 an inner wall;                                                                                              
                                 a rim connected to the inner wall;                                                                          
                                 an outer wall connected to the rim;                                                                         
                                 an inner base connected to the inner wall;                                                                  
                                 an outer base connected to the outer wall, the outer base having a portion                                  
                        nearest the outer wall which is connected to the outer wall, and the outer base                                      
                        having a portion farthest away from the outer wall, the portion farthest away from                                   
                        the outer wall including an edge;                                                                                    
                                 wherein the inner wall and the inner base form a receptacle which can                                       
                        receive and hold nourishment; and                                                                                    
                                 wherein when the outer base is placed on a flat surface the edge of the                                     
                        outer base and the portion of the outer base nearest the outer wall both come in                                     
                        contact with the flat surface.                                                                                       


                        The prior art references of record relied upon by the examiner in rejecting the                                      
                appealed claims are:                                                                                                         
                Emery                                     2,053,949                        Sept. 8, 1936                                     
                Sinaiko                                   2,587,237                        Feb. 26, 1952                                     


                        Claims 1 to 20 stand rejected under 35 U.S.C. § 103 as being unpatentable over                                       
                Emery in view of Sinaiko.                                                                                                    








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