Appeal No. 96-3999 Page 13
Application No. 08/395,719
skirt 62 fits loosely over wall 32 of the spill chamber [so
that] the gas may flow out of the container and no pressure
build up is created. In this fashion the container may be
incubated so as to stimulate the growth of the
microorganisms.
Westgate discloses a condiment container which is shaped so
as to permit easy stacking of condiment containers on one
another. The condiment container includes, inter alia, a glass
or clear plastic jar 10, a fitment 15 and a cap 45. The cap 45
may be threaded and is provided with an annular ridge 46. The
fitment 15 is provided with sifting holes 20. The jar 10 has a
neck 11 provided with an external thread 13 and a recess 47
provided in the bottom of the jar. The recess 47 and ridge 46
aid in the stacking of the jars so that one jar can be mounted on
top of another.
The examiner determined (answer, p. 5) that
[i]t would have been obvious to add a threaded cap
connection to Pepicelli's container to provide for a more
tightly secured cap which has to be opened by twisting
rather than a mere pull in the vertical direction.
The appellant argues (brief, p. 9) that
merely because Westgate has a threaded cap would in no way
serve to make Pepicelli in any way suggestive of the
dissimilar container of the present invention.
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