Appeal 2007-1913 Application 10/299,661 Ammarell; (2) claims 6, 7, 12, 37, 38, 43, 68, 69, 74, 95, 96, and 101 as unpatentable over Perl in view of Ammarell and further in view of Cantone; (3) claims 16, 17, 27, 47, 48, 58, 85, 105, 106, and 115 as unpatentable over Perl in view of Ammarell and further in view of Gueret ’708; (4) claims 28, 59, 86, and 116 as unpatentable over Perl in view of Ammarell and further in view of Montgomery; and (5) claims 18-22, 49-53, 76-80, and 107-111 as unpatentable over Perl in view of Ammarell and further in view of Gueret ’985. The correctness of the above rejections turns on whether any of the cited references disclose “a second recess portion” and “wherein at least one of the first recess portion and the second recess portion is positioned closer to the opening of the container than a bottom of the container” as required by claim 1. Rather than repeat the arguments of Appellant and the Examiner, we make reference to the Briefs and the Answer for their respective details. Only those arguments actually made by Appellant have been considered in this decision. Arguments which Appellant could have made but chose not to make in the Briefs have not been considered and are deemed to be waived. See 37 C.F.R. § 41.37(c)(1)(vii) (2004). FINDINGS OF FACT We find the following enumerated findings to be supported by at least a preponderance of the evidence. Ethicon, Inc. v. Quigg, 849 F.2d 1422, 1427, 7 USPQ2d 1152, 1156 (Fed. Cir. 1988) (explaining the general evidentiary standard for proceedings before the Office). 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: September 9, 2013