Appeal No. 2004-2007 Page 2
Application No. 10/014,838
BACKGROUND
The appellant's invention relates to an external gauge for liquor inventory control
in bottles having varying cross-sectional areas along their height. An understanding of
the invention can be derived from a reading of exemplary claim 1, which has been
reproduced in an appendix to the Brief.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Carr 765,611 Jul. 19, 1904
Hornig 1,235,801 Aug. 7, 1917
Marcussen 1,515,398 Nov. 11, 1924
McDermott 1,589,651 Jun. 22, 1926
The following rejections stand under 35 U.S.C. § 103(a):
(1) Claims 1, 4, 5 and 8 on the basis of Carr in view of Marcussen.
(2) Claims 2 and 6 on the basis of Carr in view of Marcussen and Hornig.
(3) Claims 3 and 7 on the basis of Carr in view of Marcussen and McDermott.1
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the rejections, we make reference to the Answer (Paper No. 14)
and the final rejection (Paper No. 8) for the examiner's reasoning in support of the
rejections, and to the Brief (Paper No. 13) for the appellant's arguments thereagainst.
OPINION
1 The final rejections of claims 2, 3, 6, and 7 apparently inadvertently were not included in the
statement of the rejections in the Answer, although they appear in the final rejection (Paper No. 8).
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007