Ex Parte Apps - Page 5

                 Appeal 2006-2032                                                                                    
                 Application 09/891,948                                                                              
                        According to Apps ‘279, the low height of the case sidewalls and                             
                 columns of Apps ‘002 limits the range of bottle diameters that can be                               
                 retained in a stable stack because a generally snug fit is required between the                     
                 bottle pocket and the bottle (Apps ‘279, col. 3, ll. 46-50).  Apps ‘793                             
                 similarly points out that, because of the low height and substantially flat                         
                 upper surface across the bottle retaining pockets of the case of Apps ‘002, a                       
                 generally snug fit between the bottles and pockets is required, thereby                             
                 limiting the range of bottle diameters that can be retained in the stack (Apps                      
                 ‘279, col. 3, ll. 43-48).  Apps ‘793 also points out that the newer two-liter                       
                 bottles having smaller diameters and slightly greater height do not perform                         
                 ideally within the pockets of the low depth two liter case of Apps ‘002                             
                 (Apps ‘793, col. 3, ll. 57-60).                                                                     
                        Apps ‘279 addresses the bottle diameter limitation problem of Apps                           
                 ‘002 by increasing the height of the columns 30, both along the sidewalls                           
                 and in the interior of the case, to extend above the bottom portion 20 to a                         
                 distance slightly greater than one third the height of the bottles to be                            
                 retained in the case.  The taller columns increase the lateral stability of the                     
                 bottles within bottle retaining pockets 32.  Therefore, a greater range of                          
                 bottle diameters can be accommodated because a fit as snug as required in                           
                 prior art cases is no longer necessary (Apps ‘279, col. 5, ll. 29-40).  Apps                        
                 ‘279, like Apps ‘002, is concerned with increasing the effective height of the                      
                 case while maintaining high bottle visibility and low manufacturing costs                           
                 (Apps ‘279, col. 5, ll. 33-35).                                                                     
                        The columns 52, 54, 56 of Apps ‘793 are the same height as the                               
                 pylons 24, 26, 28, 30, 32 along the side walls (Figs. 2, 3).                                        



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Last modified: September 9, 2013