Ex Parte FOX - Page 4




               Appeal No. 2003-1491                                                                          Page 4                   
               Application No. 09/473,834                                                                                             


               The teachings of Robertson                                                                                             
                       Robertson's invention relates to a retainer for a collapsible dispensing tube.                                 
               More particularly, his invention discloses a retainer of flexible and expandable material                              
               for attachment to the rolled portion of a collapsible dispensing tube to maintain the tube                             
               in a rolled configuration.  In the "DESCRIPTION OF THE PRIOR ART" section of the                                       
               patent, Robertson states that:                                                                                         
                               Collapsible dispensing tubes for semi-liquid and gel-like substances are                               
                       well known in the prior art and are used for dispensing substances ranging from                                
                       toothpaste to adhesives. The walls of these tubes are of sufficient strength to                                
                       avoid rupture and are of sufficient flexibility to be collapsible and deformable.                              
                       Pressing the walls of these tubes together forces substance from the open end                                  
                       of the tube. As the substance inside a portion of the tube becomes exhausted,                                  
                       the end portion of the walls of the tube may be rolled upon itself to assure                                   
                       maximum dispensing. As increased dispensing is desired, the amount of the                                      
                       tube that is rolled may be increased.                                                                          
                               The strong but flexible material of these tubes does not independently                                 
                       maintain its rolled or wound configuration. Therefore, before using a tube which                               
                       has previously been rolled, the end portion of the tube must be re-rolled to its                               
                       previous configuration. To avoid this burdensome and time consuming rerolling,                                 
                       many inventions have disclosed devices to prevent the unrolling of the end                                     
                       portion of a tube.                                                                                             


                       Figure 1 shows three varying sizes, 20, 40, and 60 of the re-usable retaining                                  
               device for maintaining a collapsible tube in a rolled condition.  Figure 2 shows three                                 
               varying sizes 120, 140, and 160 of an alternate configuration of the retaining device.                                 
               For illustration purposes, device 40 will be used throughout this discussion to represent                              
               all configurations of the device.                                                                                      







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