Appeal No. 95-4590
Application 08/056,188
that it would not have been obvious to one of ordinary skill
in the art to size that bag in the manner claimed, nor
supplied any evidence that the particular sizing of the
claimed container is in any way significant or critical.
Based on the foregoing, we will sustain the
examiner's rejection of claims 21 and 26 under 35 U.S.C. §
103.
As for the examiner's rejection of claim 22 under
35 U.S.C. § 103, we must agree with appellants that the
closure member seen in Figure 3 of Soubie does not include an
inner flange of the type claimed by appellants. Contrary to
the examiner's position, we see no basis to conclude that the
gasket (5b) of the closure of Soubie can be further compressed
beyond the condition seen in Figure 3 so as to have the inner
portion of
the groove that houses the gasket extend into the opening of
the neck portion when the closure member is threaded onto the
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