Ex Parte Dunn et al - Page 20

                 Appeal 2007-0870                                                                                      
                 Reissue Application 09/902,904                                                                        
                 Patent 6,038,784                                                                                      
                        (iv)  The apparatus of claim 9 requires a "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."                       
                        According to Appellants' Specification (col. 4, ll. 39-53),                                    
                               . . .apparatus 10 further includes a disk holding                                       
                               system 50 for holding baby bottle disks in a                                            
                               location that is isolated from areas of the tray 12 in                                  
                               which liquid may collect. . . .In the preferred                                         
                               embodiment, disc holding system 50 includes an                                          
                               upstanding boss member 52 that projects upwardly                                        
                               from the upper face 16 of tray 12 and has a                                             
                               plurality of disc receiving slots 54 defined therein.                                   
                               Boss member 52 and slots 54 are raised with                                             
                               respect to an underlying reservoir 56 that is located                                   
                               in the forward portion of tray 12.  As an added                                         
                               benefit, the reservoir space also acts as a finger                                      
                               space area for a user to get his/her fingers beneath                                    
                               the disc members for lifting them out after drying.                                     
                 Thus, Appellants' Specification describes a boss member with slots raised                             
                 with respect to an underlying reservoir as a structure which corresponds to                           
                 the "disk holding means" recited in claim 9.                                                          
                        The Examiner concedes that the "disk holding system" described in                              
                 Appellants' Specification excludes Slipp's disclosed pegs c or d from                                 
                 anticipating the claimed "disk holding means" (Answer, 16).  However, the                             
                 Examiner maintains that the top surfaces of Slipp's receptacle a or bars e are                        
                 equivalent "disk holding means" because both are connected to an upper                                
                 surface of the tray and can hold bottle disks in a location isolated from areas                       
                 of the tray which may collect liquid (Answer, 16).                                                    



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