Appeal No. 2006-0930
Application No. 09/905,540
denotes a lip of the overcap 27, 29 denotes a peripheral edge of
the overcap 27, 30 denotes snack pieces, 40 denotes a tub, 42
denotes a lid enclosing tub 40, 44 denotes a peel tab, 46
denotes a lip of the tub 40, and 50 denotes a dip condiment.
5 (Specification at 8-19; FF10.) We also observe that the subject
specification (page 17, lines 23-24; FF11) describes another
embodiment of the invention as follows:
In an alternative embodiment, tub 40 could be a tub
that inserts into the cavity 21 of container 20 either
10 non-connected to container 20 or connected to
container 20.
Appealed claim 1 recites two terms (“average projected
area” and “space efficiency”), which are expressly defined in
15 the specification. The term “average projected area” is defined
as follows (specification at 7, lines 2-12; FF12):
The projected area listed in Table 1 for these
kits was an average calculated projected area and was
calculated by randomly selecting three whole chips
20 from the kits, measuring each chip’s projected area
and then calculating the average of these projected
areas. Projected area, as used herein, is essentially
the area within the two-dimensional outline of the
shape of the snack piece. This two-dimensional cross-
25 sectional “footprint” of the snack piece forms a
projected area that can be determined either by area
calculations of a known geometry, a curve integrator,
superimposing the actual drawn area on grid paper with
predetermined area markings, or by comparing the
30 weight of a piece of paper cut to the footprint
outline to a weight of similar paper with a known
area. To measure the projected area of the individual
16
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