Appeal 2007-0229
Application 10/968,436
FINDINGS OF FACT
We find the following enumerated findings to be supported by at least a
preponderance of the evidence. Ethicon, Inc. v. Quigg, 849 F.2d 1422, 1427, 7
USPQ2d 1152, 1156 (Fed. Cir. 1988) (explaining the general evidentiary standard
for proceedings before the Office).
1. Davis teaches an insulated food box 10 comprising a receptable unit 11
including a reinforced generally rectangular receptacle member 20
having an open top, a closure unit 12 including a pair of transparent lid
panels 40 hingedly connected to the receptacle member 20 and
dimensioned to overlie the open top of the receptacle member 20 (Davis,
abstract). The insulated food box further includes a collapsible support
unit for elevating the receptacle unit to a serving height at the point of use
of the food box and which can be collapsed to facilitate the transport of
the insulated food box to and from the point of use (Davis, col. 1, ll. 38-
44).
2. Davis does not teach a closed top 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 as required by claim 1.
3. Lippincott is a design patent which displays a portable cooler with a top
cover (which may be opened), a side pocket cover, and a lower
compartment cover (Lippincott, Fig. 1-5).
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