Appeal No. 2004-0046 Page 7
Application No. 10/001,313
made of plastic or ceramic material or glass or other suitable material, or, if preferred,
the mug body and the base may be formed structurally independent of each other and
rigidly secured together by a fusion process, or by the employment of a suitable
adhesive. The shape of the base 7 may vary in accordance with the manufacturer's
views but, preferably, it is polygonal in contour, and for illustrative purposes has been
shown as being substantially square. In any event, the base extends outwardly from
the mug bottom a sufficient distance to impart great stability to the mug so that it cannot
be readily upset by striking it or pushing it laterally, obliquely or in any other plane.
Furthermore, when the user lowers the mug in an inclined position onto a tray or other
surface, an edge or a corner of the base will be first to contact the surface and will act
as a fulcrum about which the mug will tilt to assume an
upright position.
After the scope and content of the prior art are determined, the differences
between the prior art and the claims at issue are to be ascertained. Graham v. John
Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).
Based on our analysis and review of Emery and claims 1 and 10, the
independent claims on appeal, it is our opinion that the only difference is the limitation
that when the outer base is placed on a flat surface the edge of the outer base and the
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