Appeal No. 96-1596
Application No. 08/106,489
With this as background, we agree with the examiner that
claim 1 "reads on" Stull. In that regard, we read claim 1 on
Stull as follows: A combination cap and material tooling device
(Stull's dispensing cap) comprising: a blade portion (the portion
of Stull's blade 34 shown in Figure 1); an engagement portion for
engaging a container in sealing engagement (the innermost portion
of Stull's hub 16 having the threads which engage threads 22 of
the tube 19, the innermost portion of Stull's skirt portion 11,
Stull's lip 12 and Stull's bead 14); an intermediate portion
extending between said blade portion and said engagement portion
(the outermost portion of Stull's hub 16, the outermost portion
of Stull's skirt portion 11, Stull's orifice portion 26 and
sloping wall 27) wherein said intermediate portion and said
engagement portion define a handle for supporting said blade
portion; and wherein said intermediate portion includes opposing
front and rear faces (Stull's sloping wall 27 and the portion of
Stull's blade 34 which forms a part of the orifice portion 26)
angled toward each other in a direction away from said engagement
portion (as shown in Figures 3 and 4 of Stull).
The appellant's argument (brief, pp. 5-7) that Stull does
not disclose each and every limitation recited in claim 1 is
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