Appeal No. 2005-1180
Application No. 09/791,298
(14) Claim 37 stands or falls alone.
Discussion
A. Rejection of claims 1-4, 7 and 8
Claims 1-4, 7 and 8 are rejected under 35 U.S.C. § 102(b) as being anticipated by
Peiker. Claim 1 is directed to a carton for storing a self-heating meal assembly and a beverage
container and reads as follows:
1. A carton for storing a self-heating meal assembly and a beverage
container, said carton comprising:
a closable and insulating first compartment,
said first compartment having a first top wall and a first flap covering a
first opening to said first compartment and a first securing means for releasably
securing said first flap in a first closed position,
a second compartment for storing the beverage container,
a hole in a second top wall of said second compartment for holding the
beverage container.
The examiner sets forth the prima facie case of anticipation on pages 4 though 5 of the
Answer. Specifically, the examiner explains that (Answer, p. 4):
Peiker teaches a carton comprising a closable first compartment with a top wall
(Figure 1, right-side #25), the walls of the first compartment inherently providing
some degree of conductive insulation, a first flap on the side having a tab (Figure
1, right-side #14 & 17), a second compartment with a top wall (Figure 1, left-
side #25), holes in the top walls (Figure 1, #32), a second flap on the side having
a tab (Figure 1, left #14 & 17), a beverage container (column 3, line 46; Figure
1), and a third open compartment (Figure 1, center area).
Appellants argue that Peiker does not "anticipate or disclose an insulating [first]
considered separately from the patentability of claims 31-35. McDaniel, 293 F.3d at 1384, 63
USPQ2d at 1466.
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007