Appeal No. 95-3789 Page 13
Application No. 08/047,047
"final product" as set forth above. Since the claim is stated in
product-by-process format, patentability of the subject matter is
considered with respect to other hot-filled container products at
ambient temperature and pressure. Yet one does not know the
pressure of the product of the claim as it exists in final form
to establish patentability or determine the metes and bounds of
infringement.
NEW GROUND OF REJECTION
Under the provisions of 37 CFR § 1.196(b), we enter the
following new ground of rejection.
Independent claims 15 and 19 and claims 16 through 18 and 20
through 22 dependent thereon are rejected under 35 U.S.C.
§ 112, second paragraph, as being indefinite for failing to
particularly point out and distinctly claim the invention, for
the reasons explained above.
35 U.S.C. § 103 Rejections
Considering now the rejections of claims 15 through 22 under
35 U.S.C. § 103, we have carefully considered the subject matter
defined by these claims. However, for reasons stated supra in
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