Ex Parte Koefelda et al - Page 7



          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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