Ex Parte Rebhorn et al - Page 3



         Appeal No. 2004-1815                                                       
         Application No. 09/781,582                                 Page 3          

              transverse cross-sectional area of the second                         
              compartment opening being at least three times greater                
              than the transverse cross-section area of the first                   
              compartment opening;                                                  
                   wherein at least one of the first and second                     
              compartment openings is substantially centered relative               
              to the container body.                                                
                   38. A method of manufacturing a portable, single-                
              use container separately containing two consumable                    
              products, the method comprising:                                      
                   providing a first compartment tapering at an upper               
              portion thereof to form a spout;                                      
                   providing a second compartment tapering at an                    
              upper portion thereof to form a mouth, the first and                  
              second compartment being configured for assembly to one               
              another in a side-by-side fashion;                                    
                   dispensing a first consumable product into the                   
              first compartment;                                                    
                   covering the spout separate of the mouth with a                  
              seal that seals the first consumable product within the               
              first compartment;                                                    
                   dispensing a second consumable product into the                  
              second compartment;                                                   
                   assembling the first and second compartments to                  
              one another; and                                                      
                   covering the mouth and the seal with a cover;                    
                   wherein upon final assembly, the mouth abuts the                 
              spout.                                                                
              The prior art references of record relied upon by the                 
         examiner in rejecting the appealed claims are:                             
         Stegath                       1,363,064           Dec. 21, 1920            
         Ward                          2,026,449           Dec. 31, 1935            
         Smith                         2,170,311           Aug. 22, 1939            
         Simmons                       4,148,417           Apr. 10, 1979            
         Ness ‘561                     5,588,561           Dec. 31, 1996            
         Newarski                      5,727,679           Mar. 17, 1998            
         Binter                        5,735,422           Apr. 07, 1998            
         Ness ‘289                     5,753,289           May 19, 1998             





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