Ex parte HALE - Page 11




          Appeal No. 96-1604                                                          
          Application 08/272,906                                                      


          sidewalls engaging with the grooves of the H-shaped connectors in           
          an interference fit as required by appealed independent claims 6            
          and 22.  Therefore, we also cannot sustain the examiner's                   
          rejection of claims 6 through 9 and 22 under 35 U.S.C.  103                
          for this additional reason.                                                 
               Furthermore, like the appellant, we are unable to find any             
          teaching suggestion or motivation for modifying the end closures            
          of Sproull to include skirt portions 18 as taught for the end               
          closures of the ice cream container of Sherk.  We observe that              
          the end closures 16' of Sproull (Figure 8) already include                  
          downwardly (or upwardly) extending skirt portions 66, and it is             
          not seen why one of ordinary skill in the art would have been               
          led to the teachings of Sherk to have the portions 66 extend even           
          farther downwardly past the plate portion 60, other than by                 
          utilizing appellant's claim as a template and the application               
          of impermissible hindsight.  Thus, we consider the examiner's               
          rejection of claims 6 through 9 and 22 under 35 U.S.C.  103                
          to be defective for this further reason.                                    
               We have also considered the teachings of the patents to                
          DeForest and Linnemann as applied in the rejections of claims 13,           
          14 and 23 under 35 U.S.C.  103, but we find nothing therein to             
          cure the deficiencies of the rejection based on the combined                

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