Appeal No. 96-3999 Page 10
Application No. 08/395,719
cylindrical box 31) to enable the first container to be stacked
on top of the second container as shown in Figure 1); a cover
(Bourcart's lid 44) having an internally threaded annular skirt
portion removably mounted on said tubular mouth member in
threaded engagement therewith and with said skirt portion
extending down over said tubular mouth member (see Bourcart's
Figure 3), and in which the outer diameter of the annular skirt
portion of said cover and the inner diameter of the well are
selected to enable the first container to be stacked over the
second container in a close fitting sliding interlocking
relationship (since Bourcart's first container (i.e., vial 40) is
stacked over the second container (e.g., cylindrical box 31) in a
close fitting sliding interlocking relationship as shown in
Figure 1, it is inherent that Bourcart has selected an
appropriate outer diameter for the annular skirt portion of the
cover (i.e., lid 44) and the inner diameter of the well (i.e.,
recess 51).
Since all the limitations of claim 1 are found in Bourcart,
the examiner's rejection of claim 1 under 35 U.S.C. § 102(b) is
affirmed.
35 U.S.C. § 103 Rejection
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