Appeal No. 98-2414
Application 08/507,339
portions of the closure outside of the
center panel.
Contrary to the examiner's view, there is no
evidence in this record that the end closure of the metal
container seen in Saunders “is formed by a process based upon
the Faulkner process.” While Saunders refers to a “shell
forming stage” (page 4) there are no details of exactly what
constitutes such a shell forming stage and certainly no
indication that the shell forming stage of Saunders is in any
way “based upon the Faulkner process,” as the examiner urges.
Moreover, as appellant has argued and demonstrated in the
brief and reply brief, even if the end closure of Saunders may
have been formed by a punching and
drawing process, the evidence before us in this case is
woefully inadequate to support the examiner’s position that
the end closure of Saunders formed by such a process would
“inherently posses [sic] a center panel which was thicker than
the portions of the closure outside of the center panel.”
Like appellant, we particularly note that the Taube et al.
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