Appeal No. 2004-1815
Application No. 09/781,582 Page 17
glass of Ward (column 1, lines 13-19) is constructed to discharge
a liquid held in the inner container from the outer container
edge in advance of contents of the outer container. The inner
and outer containers of Ward are formed integrally not
separately. We remain unpersuaded by the examiner’s to argument
that one of ordinary skill in the art would find a particularized
suggestion to modify the Figure 6 dual compartment container of
Ness ‘289 so as to incorporate a larger concave compartment in
Ness ‘289 based on the teachings of Ward.
Smith is directed to a bowl including a major section and
minor pocket section separated by a partition. The bowl is
designed such that cream introduced into a pocket (6) flows down
through a hole (10) to the bottom of the bowl in the main section
(5) without contacting all of the crisp breakfast food introduced
into the main section (5). Here, the examiner has not reasonably
explained why one of ordinary skill in the art would find any
suggestion in Smith to modify the portable food container of Ness
“289 that is constructed to keep the food elements on each side
of a partition separate prior to discharge therefrom, not to
supply a hole for passing a liquid food material from one side of
the partition to the bottom of the compartment on the other side
of the partition as in Smith. Consequently, for the reasons set
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