Appeal 2007-0870
Reissue Application 09/902,904
Patent 6,038,784
First, it reasonably appears that laying a wet, flat bottle disk on a flat
surface would cause liquid to collect around and/or under the disk unless the
flat surface had some sort of drainage means. Second, the corresponding
"disk holding means" structure disclosed in Appellants' Specification or its
equivalent is properly construed to include a drainage means, such as slots.
Therefore, the Examiner has not established that the top surfaces of Slipp's
receptacle a or bars e perform the identical function of the claimed "disk
holding means" using the same or equivalent.
Based on the foregoing, we do not find that claim 9 is anticipated by
Slipp.
(v) The apparatus of claim 22 recites, in relevant part, an apparatus
comprising a "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."
According to Appellants' Specification (col. 4, ll. 29-37),
[i]f it is desired to move the nipple support
member 32 from the second, operative position
shown in FIG. 1 to the first storage position shown
in FIG. 2, a user will push the nipple support
member 32 in the desired direction. Initially, this
movement will be deterred by contact of the lower
surface 44 and the leading edge of the lower
surface with the upper surface 16 of tray 12. Once
the leading edge 45 has cleared the upper face,
however, the nipple support member 32 will easily
fold down into the position that is shown in FIG. 2.
Thus, Appellants' Specification describes a "frictional means connected to
said pegs for frictionally engaging said upper portion of said tray when said
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