Ex Parte Linberg et al - Page 5




            Appeal No. 2006-1258                                                   Page 5            
            Application No. 10/243,241                                                                  

            motivation would have been that provided by Whitecar, i.e., to                              
            enable air circulation between the ice packs and their adjacent                             
            surfaces.                                                                                   
                  We therefore are not convinced of reversible error in the                             
            examiner’s rejection of claims 5, 7 and 9-11.2                                              























                                                                                                       
            2 In the event of further prosecution the examiner and the appellants should                
            address on the record whether, in view of Whitecar’s disclosure that the main               
            container can have “the geometrical form of a pan, dish, or the like” (col. 5,              
            lines 18-20), i.e., a tray, Whitecar would have fairly suggested the                        
            appellants’ claimed invention to one of ordinary skill in the art.                          





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