Appeal 2007-0796
Application 10/236,088
In light of the above, Appellant's arguments fail to demonstrate the
Examiner erred in rejecting claim 33 as anticipated by Joseph. The rejection
is sustained as to claim 33.
Rejection (5)
Mengel discloses a container for holding contents such as
pharmaceuticals, vitamins, etc. (Mengel, col. 4, l. 43). The container has an
inner sleeve 60 and an outer sleeve 50 which are rotatable relative to one
another (Mengel, col. 2, ll. 39-40 and 53-55). The outer sleeve 50 is
provided with a window 20. An information package 70 is secured to the
inner sleeve. By rotating the inner sleeve 60 counterclockwise, the
information package starts to become visible through the window 20.
(Mengel, col. 3, ll. 17-23.) As shown in Fig. 6, the package can be a folded
pamphlet type package 71 that can be unfolded for reading (Mengel, col. 3,
ll. 12-17 and 41-42). To retract the information package, the container, and
inner sleeve 60 secured thereto, is rotated clockwise and the information
package is retracted inside outer sleeve 50 (Mengel, col. 3, ll. 27-29). The
information package provides health and safety information about the
contents of the container to the consumer (Mengel, col. 1, ll. 8-9). Mengel
teaches that the invention provides the advantage that it is capable of
providing a great deal of information when needed, but can be easily put
back into a storage position when not needed. Also, when in the storage
position, the information package remains clean and is not likely to be
detached when not in use. (Mengel, col. 3, ll. 61-67.) A cap 40 is provided
for the container (Mengel, col. 2, l. 46).
The Examiner concedes that Mengel does not disclose a retractable
and extendable elongated member in the cap 40 (Ans. 8). Indeed, the cap
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