Appeal No. 2004-1603
Application No. 09/626,517
29. A crate for bottles comprising:
a floor member having a plurality of bottle support area;
and
first and second pairs of opposed sidewalls integrally
formed with the floor member, each sidewall including an outer
surface defining a band member having an upper edge and a lower
edge, the lower edge spaced above the floor member by a
predetermined distance to define a sidewall nesting area
therebelow, wherein each nesting area matingly receives a
corresponding band member of a crate nested subjacent thereto,
and each sidewall further including an inner surface having a
plurality of elongate members extending inwardly therefrom
between adjacent bottle support areas for connecting the inner
surface to the floor member.
PRIOR ART
Apps (Apps’ 819) 5,060,819 Oct. 29, 1991
Apps et al. (Apps’ 249) Des. 378,249 Mar. 4, 1997
Rehrigh Pacific Company’s 16/20 oz. Splash Crate, two pages
including five pictures of different perspectives of the Splash
Crate (Approximately Mar. 1998 according to the appellants)
(hereinafter referred to as “Splash”).
REJECTION
Claims 1 through 23 and 25 through 29 stand rejected under
35 U.S.C. § 102(b) as anticipated by the disclosure of Apps’ 249.
Claims 1, 2, 4 through 12, 14 through 20, 23 and 25 through 29
stand rejected under 35 U.S.C. § 102(b) as anticipated by the
disclosure of Apps’ 819. Claims 1, 2, 6 through 10, 12 and 16
through 19 stand rejected under 35 U.S.C. § 102(b) as anticipated
by the disclosure of Splash.
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