Ex Parte Spada et al - Page 2



              Appeal 2007-1856                                                                                          
              Application 10/808,652                                                                                    
                                                 THE INVENTION                                                          
                     Appellants claim a closure device for a dropper bottle which is said to                            
              provide for simultaneous sealing of a nozzle outlet and protection of internal                            
              formations for enabling engagement and disengagement of the closure with a bottle                         
              (Specification 1:3-8).                                                                                    
                     Claim 1, reproduced below, is the only claim on appeal.                                            
                     1. A closure for a dropper bottle, said closure comprising:                                        
                     a nozzle disposed on the bottle and having a neck and a shoulder, said neck                        
              having an aperture at an end thereof for dropwise dispensing of a liquid, said                            
              shoulder having an outstanding circumferential ring and threads disposed between                          
              the ring and said neck;                                                                                   
                     a concave surface subtending said aperture; and                                                    
                     a cap having a top and an axially downwardly extending skirt, said top                             
              having a seat, including a convex surface, for sealably engaging said aperture, said                      
              skirt having internal grooves for engaging the shoulder threads and an internal                           
              circumferential lip for sealably engaging the ring, the lip being spaced apart from                       
              said aperture for enabling simultaneous sealing of said aperture and the ring upon                        
              rotation of said cap onto said nozzle, the concave and convex surfaces having                             
              equal radii for enabling a sealed rotational engagement with one another without                          
              entry into said aperture.                                                                                 
                                                THE REJECTIONS                                                          
                     The Examiner relies upon the following as evidence of unpatentability:                             
                      Baudin                      US 6,152,324                 Nov. 28, 2000                            
                      Gerondale                   US 2004/0140319 A1           Jul.   22, 2004                          
                     The following rejections are before us for review.                                                 
                 1. Claim 1 is rejected under 35 U.S.C. § 112, first paragraph, as failing to                           
                     comply with the written description requirement.                                                   


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