Ex Parte Theile - Page 2



             Appeal 2007-1913                                                                                  
             Application 10/299,661                                                                            
                                             THE INVENTION                                                     
                   Appellant claims a container having an outer surface with recessed portions                 
             for receiving fingers of an individual (Specification 2:[001]).  Claim 1, reproduced              
             below, is representative of the subject matter on appeal.                                         
                          1.  A device comprising:                                                             
                                a container defining a longitudinal axis and                                   
                          configured to be placed between a pair of adjacent                                   
                          fingers of a user, wherein the container comprises                                   
                                       a portion defining an opening on an upper                               
                                part of the container, and                                                     
                                       an outer surface comprising                                             
                                             a first recess portion for receiving one                          
                                       of the user's fingers, the first recess portion                         
                                       facing in a first direction and comprising a                            
                                       first recess upper part, a first recess lower                           
                                       part, and a first intermediate part between                             
                                       the first recess upper part and the first recess                        
                                       lower part, the first intermediate part being                           
                                       closer than the first recess upper part and the                         
                                       first recess lower part to the longitudinal                             
                                       axis, and                                                               
                                             a second recess portion for receiving                             
                                       another of the user's fingers, the second                               
                                       recess portion facing in a second direction                             
                                       substantially opposite to the first direction                           
                                       and comprising a second recess upper part, a                            
                                       second recess lower part, and a second                                  
                                       intermediate part between the second recess                             
                                       upper part and the second recess lower part,                            
                                       the second intermediate part being closer                               
                                       than the second recess upper part and the                               

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