Ex parte BALCAREK et al. - Page 3




          Appeal No. 95-4738                                                          
          Application No. 08/146,868                                                  


          May 12, 1995) for the examiner's complete reasoning in support of           
          the rejections, and to the appellants' brief (Paper No. 12, filed           
          April 17, 1995) for the appellants' arguments thereagainst.                 


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellants' specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellants and the                  
          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                


               We turn first to the examiner's rejection of independent               
          claim 1 based on 35 U.S.C. § 103 as being unpatentable over                 
          Bishop.  The issue presented by the examiner and the appellants             
          with respect to claim 1 is whether the limitation "an annular               
          stop surface integrally formed as part of the bottom wall" is               
          either (1) met by Bishop's back-up ring 33 on a bottom wall of              
          can 3, or (2) would have been obvious to one of ordinary skill in           
          the art at the time of appellants' invention.                               




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