Appeal No. 96-3999 Page 15
Application No. 08/395,719
above in the discussion of the 35 U.S.C. § 102(b) rejection of
claim 1.
2. Claim 6 is rejected under 35 U.S.C. § 102(b) as being
anticipated by Bourcart. Dependent claim 6 adds to parent claim
1 the limitation that the "cylinder is formed of a transparent
material." Bourcart teaches (column 1, lines 54, to column 2,
line 1) that the container may be made of transparent material.
In view of our holding above the claim 1 is anticipated by
Bourcart and that the added limitation of claim 6 is specifically
taught by Bourcart, it follows that claim 6 is also anticipated
by Bourcart.
3. Claims 1 and 3 are rejected under 35 U.S.C. § 102(b) as
being anticipated by Torras.
Torras discloses a container for food and beverages. As
shown in Figure 1, the container 10 has a cylindrical wall 11, a
bottom 12, top 13 and a crown cap 16 or screw cap (not shown).
The bottom 12 and top 13 are secured to the wall 11 in the
conventional manner of seam construction. The top 13 has a
substantially frustro-conical wall forming shoulder S and a
substantially cylindrical wall protrudes from the shoulder S to
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