Appeal 2007-0229 Application 10/968,436 STATEMENT OF THE CASE Appellants seek our review under 35 U.S.C. § 134 of the Examiner’s final rejection of claims 1-14.2 We have jurisdiction under 35 U.S.C. § 6(b). We reverse. THE INVENTION Appellants claim a food carrier for carrying a plurality of meal containers in a stacked orientation, and allowing for a removal of meal containers from a lower portion of the carrier (Specification 1:[0002]). Claim 1, reproduced below, is representative of the subject matter on appeal. 1. A food carrier for carrying a plurality of meal containers, comprising: an insulated housing having a closed bottom, a closed top located substantially vertically above the bottom, and at least one side wall having a first opening proximate the top of the housing and a second opening proximate the bottom of the housing, the first opening being sized to receive at least one meal container therethrough, the second opening being sized to allow removal of at least one meal container from within the housing as received within the housing from the first opening and to preclude simultaneous removal of all of the meal containers from within the housing, thereby limiting heat transfer from within the housing; a first door operably connected with the housing, 2 Appellant also seeks review of claims 21-40, which were withdrawn in response to a restriction requirements entered by the Examiner (Office Action mailed April 4, 2005). Because the Appellant has not followed the procedure set forth in 37 C.F.R. §1.144 to petition the Director for review of the restriction requirement, those claims remain withdrawn and are not properly before this Board. 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: September 9, 2013