Ex Parte Brothers - Page 2




          Appeal No. 2004-0314                                                        
          Application No. 09/965,496                                                  


          to the interior of the container is required” (specification,               
          page 1, lines 10-13).  Claim 4 is illustrative:                             
               4.  In a food container having a removable cover with a                
          first cover support, said first cover support and a surface of              
          said food container forming a sealed relation, the improvement              
          comprising:                                                                 
               a secondary cover support formed in said removable cover;              
          and                                                                         
               a secondary mounting platform formed in said food container,           
          said mounting platform of a configuration to receive and                    
          selectively retain said secondary cover support of said removable           
          cover in a manner exposing a substantial portion of said food               
          container to outside access, wherein said container and said                
          removable cover are substantially rectangular, said container               
          further comprising:                                                         
               a cover handle extension formed along a side of said                   
          removable cover; and                                                        
               a retaining slot formed within said container, said                    
          retaining slot having a raised edge support surface forming a               
          lower surface thereof, said support surface of substantially                
          matching configuration to an outer edge of said cover handle                
          extension,                                                                  
          whereby said removable cover may selectively be received and                
          retained by said receiving slot upon insertion of said cover                
          handle extension therein, and wherein said retaining slot                   
          comprises:                                                                  
               an inner retaining wall located within said food container;            
          and                                                                         
               an outer retaining wall spaced from said inner retaining               
          wall and forming an outer wall of said food container,                      
          wherein said inner retaining wall is not of uniform height along            
          a length thereof.                                                           

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