Ex Parte Michaels - Page 8



            Appeal No. 2006-3175                                                                              
            Application No. 10/419,601                                                                        

            example, a series of numbers, a series of letters, a series of letters which spell a              
            name, such as a child’s name or a cartoon character, a series of related cartoon                  
            characters, such as the seven dwarfs, a series of specified shapes, symbols or                    
            designs, as well as words, phrases and any combination of such unique identifying                 
            indicia that can be classified into a sequential pattern (¶0029).  One example is a               
            sequential pattern conforming to the days of the week (¶0031).                                    
                   According to Murphy, each drinking cup can be provided with a unique                       
            identifying indicia from a sequential pattern by any means known to those skilled                 
            in the art.  Suitable means include, for example, applying an adhesive label having               
            the unique identifying indicia printed thereon, extrusion molding the indicia during              
            the manufacture of the drinking cup, inscribing the indicia onto the drinking cup,                
            etc. (¶ 0035).                                                                                    
                   Luedde discloses a beverage identification device, system and method for                   
            use when serving beverages to a group of people in order to avoid confusion over                  
            which person drank from any particular container.  The container 10 may include,                  
            for example, a can, a glass, a cup, a bottle, beverage box, etc. (¶ 0020) surrounded              
            by an elastomeric band 12.  The elastomeric band 12 (a rubber band, for example)                  
            has an inner surface 14 and an outer surface 16, the inner surface engaging the                   
            beverage container 10 by applying an elastic, compressive force to the outer                      
            surface of the beverage container 10 (¶ 0020).  A group of alpha-numeric                          
            characters 20 on the outer surface 16 of the elastic band serve as a specific                     
            identifying indicia to specifically identify the beverage container from other similar            
            containers.  The other containers of the group are also surrounded by elastomeric                 
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