Appeal 2007-2806 Application 10/617,036 1. An unstable receptacle for storing and dispensing a beverage, comprising: (a) a container having an opening, said container holding a volume of a beverage selected from the group consisting of an alcoholic beverage and a carbonated beverage, said container being formed, such that, when said container is placed in any orientation upon a level surface, at least one third of the volume of said beverage spills out of said container, and (b) a closure arrangement initially sealing said beverage within said container and openable for dispensing said beverage. 20. An unstable receptacle for storing a volume of a beverage, the receptacle comprising a metal can configured for sealingly containing the volume of the beverage, said metal can being formed with a ring pull device configured for non- sealably opening said metal can in such a manner as to form an opening, wherein said metal can is configured such that, after opening, when said metal can is placed in any orientation upon a level surface, at least one third of the volume of the liquid spills out of said metal can. THE REFERENCES Nohara US 4,741,936 May 03, 1988 Esposito US 5,071,042 Dec. 10, 1991 Diekhoff US 5,718,352 Feb. 17, 1998 THE REJECTIONS The claims stand rejected as follows: claims 1, 7-9 and 25 under 35 U.S.C. § 102(b) as anticipated by Nohara; claims 2, 4, 6 and 20-23 under 2Page: Previous 1 2 3 4 5 6 7 8 Next
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