Ex parte KRISHNAKUMAR et al. - Page 3




                Appeal No. 95-3789                                                                                 Page 3                     
                Application No. 08/047,047                                                                                                    


                                                              BACKGROUND                                                                      
                         The appellants' invention relates to a hot filled container                                                          
                and a method of making a hot filled container.  Claims 15 and 19                                                              
                are representative of the subject matter on appeal and a copy of                                                              
                those claims, as they appear in the appendix to the appellants'                                                               
                brief, is attached to this decision.                                                                                          


                         The prior art references of record relied upon by the                                                                
                examiner as evidence of obviousness under 35 U.S.C. § 103 are:                                                                
                Agrawal et al. (Agrawal)                          4,497,855                         Feb.  5, 1985                             
                Collette                                          4,755,404                         July  5, 1988                             
                Miller et al. (Miller)                            4,785,950                         Nov. 22, 1988                             
                Cook                                              1,062,671                         Sep. 18, 1979                             
                                                                  (Canada)                                                                    



                         Claims 15, 16, 18, 19, 20 and 22 stand rejected under                                                                
                35 U.S.C. § 103 as being unpatentable over Collette in view of                                                                
                Cook and Agrawal.2                                                                                                            






                         2This ground of rejection was set forth as a new ground of                                                           
                rejection in the examiner's answer (Paper No. 22, mailed March                                                                
                22, 1995).                                                                                                                    







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