Appeal 2006-2032
Application 09/891,948
Apps ‘279 and Apps ‘793 disclose handles on the shorter walls of the
case (Apps ‘279, col. 6, ll. 15-17; Apps ‘793, col. 6, l. 45). These handles do
not extend upwardly to a height greater than the columns and pylons (Fig. 1
of Apps ‘279; Fig. 1 of Apps ‘793).
Hammett is directed to packaging of beverage containers and,
specifically, to a tray for holding beverage cans during storage, shipment,
and handling (Hammett, col. 1, ll. 13-16). While Hammett teaches that “the
principles of the invention could be incorporated in trays having different
dimensional relationships and capacities for holding different numbers of
cans or other containers” (Hammett, col. 5, ll. 40-43), Hammett’s preferred
embodiment specifically addresses only cans.
Hammett discloses increasing the side wall height from about 2 inches
to about 2 7/8 inches to lend greater stability to cans supported in the tray
while still providing UPC label visibility on most major brands of beverage
cans (Hammett, col. 2, ll. 58-62; col. 3, ll. 57-61; col. 9, ll. 31-34). A
conventional beverage can is approximately 5.25 inches in height.
Therefore, Hammett discloses a side wall height of more than half the height
of a conventional beverage can. Hammett does not express any concern
about can visibility beyond providing UPC label visibility.
Hammett’s tray includes a plurality of upwardly extending
frustoconical spacer members 21, 21A in locations between the can seating
locations 20. Hammett’s circular can seating areas are each defined by an
annular seat 23 tapered downwardly toward its center to automatically center
cans placed on the circular seating areas. Each circular can seating area 20
is dimensioned to contact and support the bottom rim of a can. The side
wall of the can extends outwardly “into close proximity with” the adjoining
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