Ex Parte Blumenschein - Page 2



          Appeal No. 2004-1249                                                        
          Application 09/857,086                                                      

                                    THE INVENTION                                     
               The invention relates to a plastic receptacle and lid                  
          combination which is defined in representative claim 1 as                   
          follows:                                                                    
               1. A plastic receptacle with lid (1) where the receptacle              
          comprises an upper edge and the lid (1) comprises a first area              
          (2) encompassing said upper edge and comprising a side (3), which           
          faces radially inwards, a middle area (4) surrounded by the first           
          area (2) and an outer area (5) extending downwards, and where the           
          lid (1) is provided with box-shaped projections (6) on its side             
          (3) facing radially inwards, which connect the side (3) facing              
          radially inwards to the middle area (4) of the lid (1),                     
          characterised in that the side (3) of the lid (1) facing radially           
          inwards has a surrounding terracing (7), which has approximately            
          the same width as the projections (6), and the projections (6)              
          are arranged on the terracing (7) and extend up to the upper edge           
          of the encompassing area of the lid (1), the box-shaped                     
          projections (6) having a base area, sidewalls (14) adjacent to              
          edges of the base area and a top wall (11).                                 
                                    THE PRIOR ART                                     
               The references relied on by the examiner to support the                
          final rejection are:                                                        
               Smith                     4,051,951        Oct.  4, 1977               
               Morris, Sr. (Morris)    Des.339,525        Sep. 21, 1993               
               Philips                   5,540,349        Jul. 30, 1996               
                                   THE REJECTIONS                                     
               Claims 4 and 5 stand rejected under 35 U.S.C. § 112, second            
          paragraph, as failing to particularly point out and distinctly              
          claim the subject matter the appellant regards as the invention.            

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