Appeal 2007-1325
Application 10/065,722
1 a dome-shaped cap [Figs. 1-2 12] sized to overlie and
2 substantially cover the open top of a cup [not shown], the cap
3 [Figs. 1-2 10] comprising
4 an upper surface [Fig. 2 40],
5 a drink opening [Fig. 2 96], and
6 a mounting recess [Fig. 2 46] formed therein;
7 a mounting ring [Figs. 1-2 20] connected to the cap
8 [Figs. 1-2 12] below the upper surface [Fig. 2 40] and for mounting
9 the cap [Figs. 1-2 12] to a cup [not shown]; and
10 a tab closure [Fig. 2 14] comprising
11 a mounting plug [Fig. 2 50] and
12 a drink plug [Fig. 2 54]
13 connected by a strap [Fig. 2 52],
14 the mounting plug [Fig. 2 50] sized to be received within the
15 mounting recess [Fig. 2 46], and the drink plug [Fig. 2 54] sized to be
16 received within the drink opening [Fig. 2 96]
17 wherein the user can open and close the lid by removing or
18 inserting the drink plug [Fig. 2 54] from the drink opening [Fig. 2 96]
19 wherein the mounting recess [Fig. 2 46] and mounting plug
20 [Fig. 2 50] each comprise an inset portion,4 and the strap [Fig. 2 52]
21 connects to the inset portion of the mounting plug.
4 Insofar as we can tell, the language "inset portion" does not appear in the
descriptive portion of the specification. However, see original claims 44
and 75. Likewise, Dart does not identify any drawing element number or
portion of the Specification in discussing "inset portion" on page 3, last line
of the Appeal Brief.
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