Appeal No. 2004-1815
Application No. 09/781,582 Page 6
§ 102(b) Rejection over Simmons
We start with the examiner’s anticipation rejection of
method claims 38, 44, 45 and 46 over Simmons with Binter being
supplied as further evidence as to the disclosure of Simmons.
All of the so rejected method claims require steps of
providing first and second compartments, dispensing a first
consumable product into the first compartment, covering a spout
of the first compartment with a seal, dispensing a second
consumable product into the second compartment, assembling the
compartments to one another and covering a mouth of the second
compartment and the seal of the first compartment with a cover.
Moreover, all of the rejected claims specify further details of
the side-by-side final assembly including the requirement that
the spout abuts the mouth.
Simmons describes a squeezable fluid dispenser that includes
plural compartments, with two compartments illustrated in the
drawing figures. Separate nozzle openings with separate closure
caps are provided at the top of the dispenser for each of the
compartments. The examiner takes the position that Simmons
necessarily describes “filling dispensing a first consumable into
a first compartment and second consumable into a second
compartment since Simmons teaches dispensing a first consumable
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