Appeal 2007-2806
Application 10/617,036
Fig. 8” (col. 8, ll. 54-55) that has a semi-spherical bottom “is very suitable
for filling and storage of carbonated drinks” (col. 8, ll. 61-62).
The Appellants argue that a closure and a stabilizing base are implicit
in Nohara to the same extent (Br. 8). Nohara’s disclosures that that bottle
has “lid-fitting, screw and anchoring portions such as a screw 28” (col. 7,
ll. 60-61) and that “this bottle is very suitable for filling and storage of
carbonated drinks such as beer, cola and cider” (col. 8, ll. 61-62) would have
been interpreted by one of ordinary skill in the art as a disclosure of a bottle
containing a carbonated drink and having a closure thereon to keep the
carbonation in the bottle. As discussed above, a stabilizing base is not
implicit in Nohara.
For the above reasons we are not convinced of reversible error in the
rejection under 35 U.S.C. § 102(b).
Rejections under 35 U.S.C. § 103
Esposito discloses an aluminum beverage can having attached to its
top a bottle-like neck (col. 1, ll. 49-65; fig. 1).
Diekhoff discloses a hard temper aluminum alloy or steel bottle-
shaped can, which can be a carbonated beverage can, having a threaded neck
portion for receiving a closure to seal contents in the can (col. 1, ll. 6-9
and 61-63; fig. 28). Diekhoff refers to the bottle-shaped can as a bottle
(col. 11, l. 67 – col. 12, l. 1).
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