Appeal 2007-0870
Reissue Application 09/902,904
Patent 6,038,784
i. Appellants' position
Appellants contend that Slipp fails to disclose
(i) "said entire peg is positioned adjacent to said upper face for
storage and packaging of said apparatus” as recited in claims 2, 4, 9, and 22
(Br., 15, 18-19, 24, and 28);
(ii) “said pegs are mounted to said tray in such a manner that no
standing water may collect at a point where a peg is mounted, thereby
minimizing potential for mold and bacterial growth” as recited in claim 2
(Br., 15-16);
(iii) “means for imparting lateral stability to said pegs, further
deterring any motion other than about said single axis of rotation” as recited
in claim 4 (Br., 19-21);
(iv) "disk holding means, connected to said upper face of said tray,
for holding baby bottle disks in a location that is isolated from areas of said
tray in which liquid may collect" as recited in claim 9 (Br., 24-26); and,
(v) "frictional means connected to said pegs for frictionally
engaging said upper portion of said tray when said pegs are moved between
said first storage position and said second operative position" as recited in
claim 22 (Br., 28-30).
ii. the Examiner's position
According to the Examiner,
(i) if a peg is next to the upper surface of the tray as shown in
Slipp's folded drying rack, then the entire peg is adjacent to the upper
surface and the intended use (for storage and packaging of the apparatus) is
met by the collapsed folded drying rack of Slipp (Answer, 13-14);
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