Ex Parte Badin et al - Page 2

              Appeal 2007-1665                                                                     
              Application 09/534,973                                                               

          1         Claim 1 under appeal reads as follows:                                         
          2         1. (Previously Presented) A glass product comprising:                          
          3         a main container body having a closed bottom;                                  
          4         a secondary container body; and                                                
          5         a collar opened to an exterior of the product interposed between and           
          6         communicating with said main container body and the secondary                  
          7         container body, said collar having an axis not parallel to an axis of          
          8         said main container body and an axis of said secondary container               
          9         body, the collar being integral with the main and secondary container          
         10         bodies, and the collar                                                         
         11         extending beyond a cross section of the main body.                             
         12                                                                                        
         13         The Examiner rejected claims 1-5 and 16-33 under 35 U.S.C.                     
         14   § 103(a) (2004).                                                                     
         15         The prior art relied upon by the Examiner in rejecting the claims on           
         16   appeal is:                                                                           
         17   Paley    US 1,971,164  Aug. 21, 1934                                                 
         18   Jennings   US 4,079,859  Mar. 21, 1978                                               
         19                                                                                        
         20         Appellants contend that there is no reason to modify the teachings of          
         21   Paley in view of Jennings.                                                           
         22                                                                                        
         23                                   ISSUE                                                
         24         The issue is whether the Appellants have shown that the Examiner               
         25   erred in holding that the claimed subject matter would have been obvious in          
         26   view of the teachings of Paley in view of Jennings.                                  
         27                                                                                        
         28                                                                                        
         29                            FINDINGS OF FACT                                            
         30         Paley discloses a container for use in a centrifuge for separating butter      
         31   fat from other substances in butter, cheese, cream, milk or like substances          

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