Ex Parte Apps - Page 7

                 Appeal 2006-2032                                                                                    
                 Application 09/891,948                                                                              
                 spacer member.  The cans are thus held in their respective seating areas even                       
                 if the tray is inclined at a relatively steep angle (Hammett, col. 5, l. 52 to col.                 
                 6, l. 12).                                                                                          
                        McGrath discloses a crate for beverage bottles, the crate being                              
                 provided with side walls 27, end walls 26, handles on the end walls 26, and                         
                 bottle support surfaces 46, in the form of a partition 47, spaced apart                             
                 longitudinally from the side walls 27.  As seen, for example, in Fig. 25, the                       
                 partition 47 appears to have a height slightly less than that of the top of the                     
                 handles on the end walls and approximately the same as the height of the                            
                 side walls 27.  McGrath does not disclose handles on the side walls 27.                             
                        Sauey discloses a container for packaging and storing cylindrical                            
                 objects of varying diameter, the container being particularly useful for                            
                 packaging shotgun shells (Sauey, col. 1, ll. 15-17).  The interior of the box                       
                 10 is divided into compartments 26 by a latticework of dividing walls 18, 20                        
                 (Sauey, col. 1, ll. 60-65).  The dividing walls extend upwardly from box                            
                 bottom 30 to a height substantially less than the height of the opposed side                        
                 walls 22, 24 of the box (Figs. 1 and 3).  A plurality of finger-like depressions                    
                 31 are molded in the bottom 30 concentric with the intersection of dividing                         
                 walls 18, 20.  The depressions form arcuate protuberances 32 projecting into                        
                 the four corners of each of the compartments 26 (Sauey, col. 2, ll. 3-12).                          
                 The protuberances 32 apply pressure to an object placed into a compartment                          
                 26 to seat the object securely within a resilient embrace (Sauey, col. 2, ll. 22-                   
                 26).                                                                                                
                        Sauey’s box is provided with a cover 12 having sidewalls that                                
                 telescope over the side walls of the box (Sauey, col. 1, ll. 47-49).  Sauey                         
                 gives no indication that the disclosed box 10 is intended to contain objects                        

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Last modified: September 9, 2013