Ex parte MAYS et al. - Page 6




          Appeal No. 2000-0789                                       Page 6           
          Application No. 08/856,373                                                  


               We agree with the appellants' argument (brief, p. 4) that              
          the claimed first and second reinforcing rims integrally                    
          fastened to the circular drum head and the circular drum                    
          bottom, respectively, are not readable on Mittinger's metal                 
          keg.  In the answer (p. 3), the examiner determined that the                
          claimed first and second reinforcing rims were readable on the              
          outer wall of Mittinger's head 12 and the outer wall of                     
          Mittinger's bottom 4.  We do not agree.  In that regard, the                
          outer wall of Mittinger's head 12 is downwardly turned portion              
          13 (see Figure 3) which has a diameter greater than the                     
          diameter of the cylindrical drum body (contrary to the                      
          language of claims 1 and 3).  Likewise, the outer wall of                   
          Mittinger's bottom 4 is upwardly turned portion 6 (see Figure               
          3) which has a diameter greater than the diameter of the                    
          cylindrical drum body (contrary to the language of claims 1                 
          and 3).  Moreover, the claimed first and second reinforcing                 
          rims are not readable on the curved portions 8, 17 or the ribs              
          9, 9', 13', 14' of Mittinger's head 12 and bottom 4 since the               
          curved portions 8, 17 and the ribs 9, 9', 13', 14' are all                  
          parts of the structure that permits Mittinger's head 12 and                 









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