Appeal Number: 2006-1404
Application Number: 09/571,803
Claims 6, 12 and 15
The examiner argues that Czala’s handle has an arcuate
shape at its attachment point, and van Berkel’s handle appears
to show arcuate shapes at the juncture between the legs and the
tray (answer, page 26).
The appellant argues that at the handle/tray junction, the
handles of Czala and van Berkel form sharp, well defined angles
(brief, page 22).
Czala’s figure 1 and van Berkel’s figure 3 shows that the
handle is straight at the junction between the handle and the
tray. The handles have some curvature farther from the tray,
but no curvature that reasonably can be considered arcuate.
Consequently, we reverse the rejection of claims 6, 12
and 15 over Czala in view of van Berkel.
Claim 22
The appellant argues that the handles of Czala and
van Berkel are coupled to and extend from the support surface
(brief, page 19). The support surface reasonably can be
considered to be the surface of the tray that supports the food.
In both Czala and van Berkel the handle is on the opposite side
of the tray from the support surface and, therefore, is
generally spaced apart from the support surface.
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