Ex Parte Smyers et al - Page 2




              Appeal No. 2005-1729                                                                        2               
              Application No. 09/921,762                                                                                  


              Appellants’ invention relates to a stackable, open-top crate for holding and transporting                   
              objects, wherein the crate has improved stability and stacking fit while still providing an                 
              enlarged opening for ease of product loading and unloading.  A further understanding of                     
              the invention can be derived from a reading of independent claims 1, 7, 32 and 35 on                        
              appeal, a copy of which claims appears in the “Claims Appendix” attached to appellants’                     
              brief.                                                                                                      


              The prior art references relied upon by the examiner in rejecting the appealed claims                       
              are:                                                                                                        
              Wise      4,848,580   Jul. 18, 1989                                                                         
              Apps et al. (Apps)   4,932,532   Jun. 12, 1990                                                              
              Elvin-Jensen    5,439,113   Aug.  8, 1995                                                                   


              In addition, the examiner relies upon admitted Prior Art                                                    
              Figure 1 of the present application and sections of the specification (e.g., pages 1-2) which               
              describe that prior art (hereinafter,                                                                       
              the APA).                                                                                                   
                                                                                                                         













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