Ex Parte Koefelda et al - Page 6



          Appeal No. 2005-1237                                                        
          Application No. 10/227,631                                      6           

          divider wall substantially perpendicular to a bottom floor                  
          portion and extending into a container holding compartment from             
          an inner handle member and (2) a hand-receiving area defined in             
          part by the bottom floor portion.  These arguments, however, are            
          unconvincing because they are not commensurate with the fair                
          teachings of Koefelda or the broad scope of the claim language at           
          issue.                                                                      
               With regard to claim 11, the portion of Koefelda’s handle              
          282 which is contiguous with exterior lower wall portion 262                
          constitutes an outer handle member and the portion of Koefelda’s            
          handle 282 composed of interior lower wall portion 260, top                 
          surface 286 of lower wall portion 226 and middle wall 283                   
          constitutes a wall of an inner handle member.  This wall includes           
          an inner surface defining at least one container-receiving pocket           
          and an outer surface which defines with the outer handle member a           
          finger receiving area.  Koefelda’s handle 282 also comprises a              
          hand-opening area in the form of handle cavity 287 which is                 
          defined in part by the bottom portion or floor of the crate as              
          best seen in Figure 16.                                                     
               With respect to claim 14, Koefelda’s Figures 16 and 19 show            
          that the wall of the inner handle member extends upwardly at a              







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007