Appeal No. 2005-1237
Application No. 10/227,631 3
THE PRIOR ART
The references relied on by the examiner to support the
rejections on appeal are:
Apps et al. 4,978,002 Dec. 18, 1990
(Apps)
Koefelda 5,465,843 Nov. 14, 1995
THE REJECTIONS
Claims 11 through 14, 18 through 24 and 26 through 30 stand
rejected under 35 U.S.C. § 102(b) as being anticipated by
Koefelda.
Claims 4 through 7, 24 and 26 through 38 stand rejected
under 35 U.S.C. § 103(a) as being unpatentable over Koefelda in
view of Apps.
Attention is directed to the main and reply briefs (filed
June 10, 2004 and October 8, 2004) and the answer (mailed August
6, 2004) for the respective positions of the appellants and the
examiner regarding the merits of these rejections.
DISCUSSION
I. The 35 U.S.C. § 102(b) rejection of claims 11 through 14, 18
through 24 and 26 through 30 as being anticipated by Koefelda
Koefelda pertains to low depth crates for holding and
displaying beverage bottles. In general, these crates, which are
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