Appeal No. 96-0681
Application 08/041,715
such structure for joining a metal cap to a plastic body. On the
other hand, if claims 34, 35 and 38 were read on the cap 22 of
the Kleinhans container modified in view of Russell to be made of
plastic, then it would not have been obvious, for the reasons
discussed above, to utilize in such a plastic cap apertures with
diameters which diverge from the inside to the outside, as
recited in these claims.
The rejection of claims 34, 35 and 38 will therefore not be
sustained.
Conclusion
The examiner’s decision to reject claims 1, 5, 8, 9, 12 to
14, 16 to 18, 20 to 22, 25 to 27, 29, 34, 35 and 38 is reversed.
REVERSED
IAN A. CALVERT )
Administrative Patent Judge )
)
)
)
JOHN P. McQUADE ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
JEFFREY V. NASE )
Administrative Patent Judge )
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