Appeal No. 2005-1833 Page 2
Application No. 10/338,337
two separate container volumes. A copy of the claims under appeal is set forth in the
appendix to the appellants’ brief.
The Applied Prior Art
The examiner relied upon the following prior art references of record in rejecting
the appealed claims:
Castner et al. (Castner) 3,760,986 Sep. 25, 1973
Markey et al. (Markey) 6,082,588 Jul. 4, 2000
The Rejections
The following rejections are before us for review.
Claims 23-27, 30, 32-34 and 39-42 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Castner.
Claims 31 and 38 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Castner in view of Markey.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejections, we make reference to the final
rejection (mailed September 16, 2003) and answer (mailed June 30, 2004) for the
examiner's complete reasoning in support of the rejections and to the brief (mailed
March 19, 2004) and reply brief (mailed August 2, 2004) for the appellants’ arguments
thereagainst.
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