Ex Parte Koefelda et al - Page 2


          Appeal No. 2004-1603                                                         
          Application No. 09/626,517                                                   

                               APPEALED SUBJECT MATTER                                 
               The subject matter on appeal is directed to a bottle crate              
          particularly designed for, inter alia, efficient automated                   
          handling, durability and strength.  See the specification, pages             
          1 and 2.  Further details of the appealed subject matter are                 
          recited in representative claims 1, 12, 20, 28 and 29 which are              
          reproduced below:                                                            
               1.  A crate for bottles comprising:                                     
               a floor member; and                                                     
               first and second pairs of opposed sidewalls integrally                  
          formed with the floor member, each sidwall including a side band             
          member defined by an upper edge and lower edge, the lower edge               
          spaced above the floor member by a predetermined distance to                 
          define a sidewall nesting area therebelow, the upper and lower               
          edges having a contour directed downwardly to form a corner band             
          portion having a corner upper edge and corner lower edge, wherein            
          each nesting area matingly receives a corresponding side band                
          member of a crate nested subjacent thereto.                                  
          12.  A crate for bottles comprising:                                         
               a base, and                                                             
               a sidewall structure extending upwardly from the based and              
          attached thereto, the sidewall structure including a continuous              
          band member having a pair of opposed side band portions, a pair              
          of opposed end band portions, and corner band portions disposed              
          between each adjacent side band portion and end band portion, the            
          band member defined by an upper edge and lower edge, wherein the             
          lower edge at the side band portions and end band portions is                
          spaced above the base a predetermined distance to define a                   
          corresponding nesting area therebelow for receiving the                      
          corresponding side band portion and end band portion when in a               
          nesting orientation with a similar crate, the upper edge at the              
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