Ex parte RIGOSI et al. - Page 3




          Appeal No. 96-1501                                                          
          Application No. 08/172,517                                                  


                         distribution wherein no more than 25% of the                 
                         powder has a particle diameter ranging from 300 to           
                         450 micrometers, and no more than 10% have a                 
                         particle diameter greater than 450 micrometers;              
               2) pre-melting the polyolefin composition deposited in                 
               step (1); and                                                          
               3) assembling the bottoms, lids and bodies of the                      
               containers, and subsequently melting the polyolefin                    
               composition.2                                                          
               The prior art of record relied upon by the examiner in                 
          rejections of the claims under 35 U.S.C. § 103 are:                         
          Walker                   1,921,247                Aug. 8,  1933             
          Matsumoto et al.         4,198,327                Apr. 15, 1980             
          (Matsumoto)                                                                 
          Marzola et al.           4,350,797                Sep. 21, 1982             
          (Marzola)                                                                   
               Appellants0 admitted prior art as described on pages 2                 
          through 4 of the specification.                                             
               Claims 1 through 3, 5 and 6 stand rejected under 35 U.S.C.             
          § 103 as being unpatentable over Appellants' admitted prior art             
          in view of Walker.                                                          
               Claim 4 stands rejected under 35 U.S.C. § 103 as being                 
          unpatentable over Appellants' admitted prior art in view of                 
          Walker and Marzola.                                                         


               We understand the last paragraph of this claim to mean2                                                                     
          "assembling the bottoms, lids and bodies into containers, and               
          subsequently melting the polyolefin composition."                           
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