Appeal No. 2005-1237
Application No. 10/227,631 4
integrally molded of plastic, consist of a floor having an open
lattice design and a peripheral wall structure including a lower
wall portion adjacent the floor and a plurality of upstanding
pylons. For purposes of the rejection, the examiner focuses on
the embodiment illustrated in Figures 16 and 19 which Koefelda
describes as follows:
The second preferred embodiment of the invention
is shown in FIG. 16 as crate 220. Crate 220 is
preferably constructed for holding a three by four
array of one liter bottles B. . . .
. . .
Handle 282 of FIG. 19 comprises a triple walled
area with the outermost section being integral with
exterior lower wall portion 262, anti the innermost
section being integral with interior lower wall portion
260.
Exterior portion 262 is spaced further away from
interior portion 260 at endwalls 227 so that lower wall
portion 226 is bulkier at the endwalls. In these
embodiments exterior lower portion 262 at endwalls 227
are not contiguous with the exterior sides of pylons
230 . . . . A middle wall 283 is integrally formed
between exterior portion 262 and interior portion 260,
and is contiguous with the exterior sides of pylons
230. Middle wall 283 is connected to exterior portion
262 by a bridging member 285 which is preferably spaced
some distance above floor bottom surface 248, but below
the top surface 286 of lower wall portion 226. Thus, a
handle cavity 287 is formed between middle wall 283 and
interior portion 260.
In use, handle 282 allows both "palm-up" and
"palm-down" gripping [column 10, lines 3 through 41].
Anticipation is established only when a single prior art
reference discloses, expressly or under principles of inherency,
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