Ex Parte Ben-Ami et al - Page 2


                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                   

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