Ex Parte Dege et al - Page 2



            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.                            
                                                     2                                                       



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