Ex parte TOWNS - Page 4




          Appeal No. 98-1297                                                          
          Application No. 08/555,836                                                  


          nom., Hazeltine Corp. v. RCA Corp., 468 U.S. 1228 (1984).                   
          According to the examiner, all of the subject matter recited                
          in claim 1 finds correspondence in the molded threaded closure              
          of the embodiment shown in Figures 11 and 12 of Towns.  The                 
          appellant argues that this is not the case, on the basis that               
          the Towns annular groove does not meet the terms of the claim.              
          We agree with the appellant that this is the case.                          
               Central to our position is what constitutes the “tamper-               
          indicating ring.”  As described on page 5 of the                            
          specification, the appellant’s invention includes “[f]rangible              
          bridges 32 [that] interconnect the tamper-indicating ring 13"               
          to the lower edge of sidewall 12 of the closure.  The                       
          description continues that “ring 13 includes an upper edge 34,              
          and an inner surface 35 forming a tapered annular head 36, as               
          well as an outer surface 37 which meets the inner surface 35                
          at a lower edge 38.”  From this, it is our conclusion that the              
          “tamper-indicating ring” recited in claim 1 terminates at an                
          upper edge 34 and does not include the frangible attachment                 
          means.  Therefore, we interpret the limitation in the claim of              
          “said groove providing space for radial expansion of said                   
          tamper-indicating ring” to require that the groove be so                    
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