Ex parte PHILLIPSON - Page 13




          Appeal No. 1998-3413                                                        
          Application No. 08/512,782                                                  


          examiner’s rejection of claims 3 and 7 based on Coleman, and                
          refer back to that discussion here.  Regarding claim 2, we                  
          view the elements (11-17) as constituting the collar or ring                
          member (10) in Coleman and agree with the examiner that                     
          Coleman teaches the step of removably locking the ring member               
          (10) with the rim of the first container member (18).  Thus,                
          we sustain the examiner’s rejection of claims 1 and 2 under                 
          35 U.S.C. § 103(a) based on Coleman.                                        


          Considering the examiner’s rejection of claim 11 under                      
          35 U.S.C. § 103(a) based on Coleman, we must agree with                     
          appellant (brief, page 27) that Coleman fails to teach or                   
          suggest 1) a container member forming step wherein the rim is               
          formed with an outwardly-facing concavity like that depicted                
          in Figure 2 of the application and 2) a forming step for the                
          ring member wherein the ring member is formed with a                        
          downwardly-extending concavity which corresponds to the                     
          concavity of the container member rim and wherein the ring                  
          member is fitted onto the rim in an overlapping relationship.               
          The examiner’s position (answer, page 5) that the shape of the              
          container member rim and ring member are merely a matter of                 
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