Appeal No. 2005-1237
Application No. 10/227,631 7
center point of the handle structure by virtue of the upwardly
extending orientation of the lower wall portion 260 and/or middle
wall 283 components of the wall.
As for claim 24, the inner portions of pylons 230 that are
contiguous with interior lower wall section 260 and disposed
above Koefelda’s handle 282 embody divider walls which are
substantially perpendicular to the bottom floor portion and
extend into the container holding compartment (the area of the
crate interior of lower wall portion 262) from the inner handle
member. Furthermore, Koefelda’s handle cavity 287 constitutes a
hand-opening area defined in part by the bottom floor portion.
Hence, the appellants’ position that the subject matter
recited in independent claims 11 and 24, and dependent claims 12
through 14, 18 through 23 and 26 trough 30, distinguishes over
that disclosed by Koefelda is not persuasive. We shall therefore
sustain the standing 35 U.S.C. § 102(b) rejection of claims 11
through 14, 18 through 24 and 26 through 30 as being anticipated
by Koefelda.
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