Ex Parte Belcastro - Page 2




              Appeal No. 2004-0235                                                               Page 2                
              Application No. 09/873,583                                                                               


                                                   BACKGROUND                                                          
                     The appellant's invention relates to a sealable cup for holding and dispensing                    
              drinkable fluids.  More particularly, the invention relates to an improved arrangement for               
              a sealable cup which seals automatically to prevent spillage of fluids therefrom when                    
              the cup is not in use (specification, p. 1).  A copy of the claims under appeal is set forth             
              in the appendix to the appellant's brief.                                                                


                     The prior art references of record relied upon by the examiner in rejecting the                   
              appealed claims are:                                                                                     
              Hughes                            2,107,442                          Feb. 8, 1938                        
              Grimard                           5,702,019                          Dec. 30, 1997                       
              Bachman et al.                    5,890,621                          Apr. 6, 1999                        
              (Bachman)                                                                                                


                     Claim 30 stands rejected under 35 U.S.C. § 102(e) as being anticipated by                         
              Hughes.                                                                                                  


                     Claims 21 to 23, 29 and 37 to 41 stand rejected under 35 U.S.C. § 103 as being                    
              unpatentable over Hughes in view of Grimard.                                                             


                     Claim 24 stands rejected under 35 U.S.C. § 103 as being unpatentable over                         
              Hughes in view of Grimard and Bachman.                                                                   







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