Ex parte D'AMORE et al. - Page 8




          Appeal No. 2000-0003                                       Page 8           
          Application No. 08/618,814                                                  


          extending upwardly from the base as shown in Figure 3) in                   
          which the peripheral wall has a given diameter, Dolveck does                
          not teach or suggest that the diameter of the peripheral wall               
          of the metal blank shown in Figures 1-3 be equal to a given                 
          diameter of a region of the peripheral wall of the shaped can.              
          Thus, the first of the three process steps of claim 1 is not                
          readable on Dolveck.  The second of the three process steps of              
          claim 1 is not readable on Dolveck since Dolveck does not                   
          teach or suggest effecting an operation reducing the diameter               
          of the peripheral wall by shrinking a part of the peripheral                
          wall of the preliminary can situated above the region of the                
          given diameter of the peripheral wall.  Likewise, the third of              
          the three process steps of claim 1 is not readable on Dolveck               
          since Dolveck does not teach or suggest effecting at least one              
          expanding operation on a part of the peripheral wall situated               
          above the region of the given diameter.                                     


               The examiner's position (answer, p. 2) that                            
          notwithstanding Dolveck's specific teaching that the entire                 
          peripheral wall is deformed, that Dolveck's Figures 3 to 6                  








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