Appeal No. 2004-1836 Page 9
Application No. 09/590,815
evidence, we conclude that in view of the teachings of Burshtain, it would have been
obvious at the time the invention was made to a person of ordinary skill in the art to
have modified Saad's container to hold and dispense food or treats. Accordingly, the
decision of the examiner to reject claims 33 and 34 under 35 U.S.C. § 103 is affirmed.
CONCLUSION
To summarize, the decision of the examiner to reject claims 1 to 9, 12 to 16, 18
to 20, 24 and 25 under 35 U.S.C. § 103 is reversed and the decision of the examiner to
reject claims 33 and 34 under 35 U.S.C. § 103 is affirmed.
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