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Ex parte HUSAR et al. - Page 10
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Board of Patent Appeals and Interferences > 1997 > Ex parte HUSAR et al. - Page 10
Appeal No. 96-1812
Application No. 07/984,762
matter of the recitation of a convex sealing surface having a
radius of “about 1 mm” (claims 25 and 35), we consider the
selection of this particular value to be a matter well within
the ordinary skill of those practicing this art, particularly
since the Jessop patent teaches a convex sealing surface with
a semi-circular cross-section for engagement with a tapered
skirt to form a seal effective for both freezing and boiling
temperatures. More specifically, with the latter knowledge of
Jessop, it is our view that one of ordinary skill would
clearly have been expected to derive an optimal working value
for the radius of the semi-circular cross-section of the lip
of Jessop. See In re Boesch, 617 F.2d 272, 205 USPQ 215, 219
(CCPA 1980). Additionally, based upon the knowledge and level
of skill in the closure vessel assembly art revealed by the
applied evidence of obviousness, it appears to us that the
particular recitations set forth in each of the respective
dependent claims 26 through 34 and 36 through 42, considered
by appellant as subordinary to the content of the independent
claims, simply involve the application of ordinary skill
and/or the obvious choice of additional features known in the
art.
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Last modified: November 3, 2007
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