Appeal No. 97-2116
Application 07/789,802
lines 2-4; column 6, lines 57-61; column 4, lines 45-65) to
provide tapered portions 44 and 46 conforming to tapered
portions 34 and 36 of the container. Reference letters A and
B in Figure 2 indicate the magnitude of the deflection of the
label at the upper and lower tapered portions, respectively,
of the container.
While it reasonably appears that the label of Roales
would squeeze the container side wall, at least to some
degree, in the areas where it is shrunk into contact
therewith, i.e., at the upper and lower tapered portions 34
and 36, Roales is silent as to the label functioning to
radially inwardly squeeze the container body “for increasing
the axial strength thereof,” as required by claim 1. Further,
the label of Roales is not stated to be for this purpose.
See, for example, the objectives listed in Roales at column 2,
line 55 through column 3, line 22. Finally, the examiner has
not provided any evidence or scientific reasoning to establish
the reasonableness of his belief that the functional
limitation in question is an inherent characteristic
-8-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007