Appeal No. 2004-1304
Application 08/730,625
Claims 1 through 8, 25 and 26 also stand rejected under
35 U.S.C. § 103(a) as being unpatentable over the “Too Hot”
package in view of “Soft Bite Utensils.”
Rather than reiterate the conflicting viewpoints
advanced by the examiner and appellants regarding the above-noted
rejections, we refer to the Office action mailed November 19,
2002 (Paper No. 28) and the answer (Paper No. 32, mailed
September 5, 2003) for a full exposition of the examiner’s
position, and to appellants’ brief (Paper No. 29, filed May 21,
2003) for the arguments thereagainst.
OPINION
Having carefully reviewed the indefiniteness,
anticipation and obviousness issues raised in this appeal in
light of the record before us, we have made the determinations
which follow.
Looking first to the examiner’s rejection of claims 1
through 28 under 35 U.S.C. § 112, second paragraph, we note that
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007