Appeal No. 2004-1815
Application No. 09/781,582 Page 12
examiner has not shown that Ness ‘561 includes tapered (gradual
smaller) first and second compartments at an upper portion
thereof. Nor has the examiner reasonably established that Ness
‘561 describes a container that includes a second compartment
that is formed separate of a first compartment as required by
claim 19 with the first compartment including a spout having a
curved convex interior wall and the second compartment having a
curved concave interior wall. In this regard, we note that the
Figure 3 embodiment of Ness ‘561 as referred to by the examiner
at pages 5 and 6 of the answer represents a container embodiment
that employs a common inner wall for two containers. The
examiner has not established that Ness ‘561 describes a
compartment formed separately from another compartment in
combination with the other features of claim 19. It follows that
we will not sustain the examiner’s § 102(b) rejection of claims
1-12, 16, 17, 19 and 48 over Ness ‘561.
§ 102(b) Rejections over Ness ‘289
Ness ‘289 is a U.S. Patent that issued from a divisional
application of the application that matured into the Ness ‘289
U.S. Patent. Moreover, the examiner has not explained in the
answer how the disclosure of Ness ‘289 is any more relevant to
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: November 3, 2007