Ex parte YANNY - Page 3




          Appeal No. 97-0928                                         Page 3           
          Application No. 08/353,190                                                  


          in support of the rejections, and to the appellant's brief (Paper           
          No. 9, filed May 28, 1996) and reply brief (Paper No. 11, filed             
          July 31, 1996) for the appellant's arguments thereagainst.                  


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art reference, and to the respective           
          positions articulated by the appellant and the examiner.  As a              
          consequence of our review, we make the determinations which                 
          follow.                                                                     


               Both of the examiner's rejections are based upon the                   
          examiner's determination that Figure 6 of Hasty discloses an                
          upstanding dome portion having a solid flange.                              


               The appellant argues that the flange disclosed in Figure 6             
          of Hasty on the upstanding dome portion is not a solid flange.              


               Thus, the real issue on appeal is whether or not the flange            
          disclosed in Figure 6 of Hasty on the upstanding dome portion is            
          solid.                                                                      








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