Appeal 2006-3068
Application 10/721,299
Claim 1
Pebbles discloses “a reusable transport and containment system designed for
the easy transportation and storage of pans or dishes used primarily in the
preparation, cooking, presentation, and storage of foods” (col. 1, ll. 6-9). The
system includes a collar (20) that 1) has a generally horizontal interior ledge (40)
that allows a pan’s or dish’s rim or flange (38) to seat within the collar such that
the collar supports the rim or flange, 2) engages a lid (60) to cover the pan or dish
and contain its contents, and 3) insulates the pan’s or dish’s contents while
shielding the food handler’s hands from the pan or dish and its contents (col. 1,
ll. 29-37; fig. 1). The collar “includes a carrying flange or grip [26], giving the
food handler the ability to more easily carry a hot or cold pan or dish” (col. 1,
ll. 38-40). The collar can be used with “any of a variety of vessels that incorporate
a rim, flange, or lip that can engage the collar ledge” (col. 2, ll. 53-55). Preferably
the vertical portion (42) of the collar engages the side walls (34) and/or end
walls (36) of the pan or dish (col. 3, ll. 62-64; fig. 5A).
The Appellant argues that “[t]he Peebles reference discloses a lid and collar
system that is specifically designed for use with a pan or a dish, and not with a
packaged food product as required by claim 1. The pan or dish disclosed by the
Peebles reference is a cooking vessel, and not food packaging” (Br. 6). Peebles’
pan or dish can be for food preparation, presentation and storage in addition to
cooking (col. 1, ll. 8-9). Regardless, because the closure apparatus claimed in
claim 1 does not include the food packaging, the relevant question is whether
Peebles’ collar is capable of supporting a packaged food product. Peebles’
figures 1 and 5A indicate that the collar is capable of supporting any packaged
food product having a flange-shaped portion (38) that is capable of seating on
horizontal ledge 40.
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