Ex Parte McGee - Page 5




                Appeal No. 2004-0046                                                                               Page 5                    
                Application No. 10/001,313                                                                                                   


                As shown, the cuspidor 10 has an internal cavity 11 defined by an inverted V-shaped                                          
                enclosing rim or wall 12-13 and a connecting portion 14 constituting the cavity bottom.                                      
                The outer portion 13 of the rim or wall 12-13 terminates in a generally horizontally                                         
                extending rim extension 15.  This preferably although not necessarily is of channel                                          
                cross-section as indicated at 16 and terminates in an outwardly extending horizontal                                         
                edge 17, the whole providing a combination stabilizing and reinforcing annulus.                                              
                Preferably, the cavity bottom is flat as best shown in Figure 2, so as to rest squarely on                                   
                the floor or other supporting surface S on which the receptacle is placed.                                                   


                        Emery's rim extension 15-16-17 is disposed in a plane generally parallel to that                                     
                of the supporting surface S so as to enable the cuspidor 10 when accidentally struck,                                        
                kicked, or otherwise contacted, to slide in an upright condition along the surface S                                         
                rather than to tilt or tip over.  To this extent such extension acts as a runner or extended                                 
                slide bearing which stabilizes the cuspidor 10 as a whole by its steady, flat bearing on                                     
                the surface S.  Apart from its function as a stabilizer, such rim extension acts as an                                       
                annular truss or reinforcement at the base of the rim portion 13 where the article is                                        
                ordinarily weakest.  It also affords an annular gutter or trap about the base of the                                         
                receptacle effective to catch and retain any overflow from the central cavity.  Emery                                        
                teaches (column 3, lines 14-19) that: "The rim extension may be of any practical width                                       
                and cross-section.  In effect, it constitutes a continuation of the cavity bottom 14, being                                  








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