Appeal Number: 2006-1404
Application Number: 09/571,803
being located adjacent to one of the at least two locations to
form a smooth transition between the tray body and the handle.
The appellant argues that Reussenzehn discloses a flared
out structure (reply brief, page 20). Reussenzehn’s protrusions
from the tray, which the appellant refers to as a flared out
structure, have generally curved surfaces that are located
adjacent to the two locations where the handle is attached to
the tray body and form a smooth transition between the tray body
and the handle.
Consequently, we affirm the rejections of claim 6, 12
and 15 over Reussenzehn and over Reussenzehn in view of
van Berkel.
Claim 22
Claim 22 depends from claim 1 and requires that the handle
is generally spaced apart from the support surface.
The appellant argues that the handles of Reussenzehn and
van Berkel are coupled to and extend from the support surface
(brief, page 19). The surface of Reussenzehn’s tray that
contacts the food is a support surface for the food, and the
handle is generally spaced apart from that support surface,
i.e., it is attached to the opposite side of the tray.
of a rejection and, therefore, is not properly before us. See In re Hoch,
428 F.2d 1341, 1342 n.3, 166 USPQ 406, 407 n.3 (CCPA 1970).
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