Appeal No. 2004-1159
Application 10/108,315
4,097,002 to John H. Krueger, which patent was cited by appellant
in an Information Disclosure Statement filed March 28, 2002
(Paper No. 3).
In regard to a further search, we note that during
examination of an application for patent, the examiner is charged
with the responsibility of conducting a thorough search of the
prior art, which search should cover the invention as described
and claimed, including the inventive concepts toward which the
claims are directed. For the present application, the inventive
concept involved in independent claim 11 deals with promotional
packaging where a product and a refillable holder/dispenser for
that product are included together in a “package for retail
sale.” This type of tying arrangement between a replaceable
product and a holder/dispenser is not new in the art of
commercial retailing. One example that come to mind from many
years ago is where Dixie® cups and a plastic holder/dispenser for
the cups were packaged together for retail sale. Another example
is where PEZ® candy and a refillable holder/dispenser for such
candy are marketed together in a package for retail sale. The
examiner should make an appropriate search of arts addressing
10
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