Appeal No. 2006-3175
Application No. 10/419,601
NEW GROUNDS OF REJECTION
Pursuant to our authority under 37 CFR § 41.50(b), we enter the following
new grounds of rejection.
Claims 1-6 are rejected under 35 U.S.C. § 102(e) as being anticipated by
Luedde.
Luedde meets the limitations of claims 1-4 and 6 as follows. Luedde
discloses a labeling system (beverage identification system) for beverage
containers, such as cans and bottles, comprising a plurality of elastomeric bands
(¶ 0026), sized to fit snugly around beverage containers such as cans and bottles
(¶ 0020), which have diameters approximating those of baby bottles1, wherein each
elastomeric band comprises an identifying indicia that may include a combination
of alpha-numeric symbols and colors (¶ 0021). The size of Luedde’s elastomeric
bands makes them fully capable of use as an identifying system for baby bottles
and sized to fit snugly on a baby bottle, as called for in claim 1. As for the
indicator, appellant’s specification (p. 2) clearly identifies color-coding as an
indicator for identifying a day of the week or characteristics of the contents of the
bottle (e.g., breast milk or formula or fresh versus frozen). The color-coding
identifying indicia of Luedde’s elastomeric bands therefore is, like appellant’s
color-coding, an indicator for identifying at least one characteristic relating to
contents within the beverage container (e.g., baby bottle) on which the band is
fitted.
1 Conventional beer bottles have diameters just under 2.5 inches, within the range
of preferred diameters disclosed on page 3 of appellant’s specification.
10
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: September 9, 2013