Appeal No. 1999-2730
Application 09/008,836
of a
cylindrical plastic container and a cap with a simulated
nipple that fastens to the container.
The claimed invention can be further understood with
reference to the appealed claims which are appended to
appellant's brief.
The references of record relied upon by the examiner as
evidence of obviousness are:
Whitney 3,118,562 Jan. 21,
1964
Stevens 3,297,193 Jan. 10,
1967
Tancredi 3,811,565 May 21,
1974
Cooper 5,312,282 May 17,
1994
Applicant's own admission on Pages 2-4 of the instant
application. (hereinafter Applicant's admission).
THE REJECTIONS
Claims 1, 3 and 5 stand rejected under 35 U.S.C. § 103 as
unpatentable over Whitney in view of Stevens and the admitted
prior art.
Claim 4 stands rejected under 35 U.S.C. § 103 as
2
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