Appeal No. 1999-0946
Application No. 08/693,641
DECISION ON APPEAL
This is a decision on appeal from the examiner's final rejection of claims 1
2
through 7 , all of the claims pending in this application.
BACKGROUND
Appellant's invention relates to a hot fillable plastic container and more
particularly, relates to an improved neck structure for hot fillable plastic containers. As
noted on pages 2 and 3 of the specification, while the body of the Prior Art container seen
in Figures 1-2 is capable of withstanding temperatures of the hot product during filling, by
virtue of biaxial and radial stretching, the neck of the container, which has not been
subjected to stretching, softens during the filling, leading to distortion of the threads. The
preferred embodiment of appellant's invention seen in Figures 3-4 includes a hot fillable
container formed of a blow moldable polymeric material, the neck of the container
including an inner wall (38) and a spaced-apart outer wall (40) wherein a gap (42) is
provided therebetween. As noted on page 5 of the specification, the gap (42) provides an
air space insulation between the inner and outer walls. Once the container has been filled
and capped, a seal is formed between the inner wall and cap
2Claim 6 has been amended subsequent to final rejection.
2
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