Appeal No. 97-2116
Application 07/789,802
imply that the label of Roales should be shrunk onto the
container to increase the axial strength thereof.
Accordingly, we will not sustain the rejection of claims 7 and
9 as being unpatentable over the combined teachings of Roales
and Conklin.
Rejections (c), (d) and (e)
Fundamental to each of these rejections is the examiner’s
position that it would have been obvious to one of ordinary
skill in the art to shrink the load bearing outer housing 16
of Cvacho ‘423 to the thin metal inner container 12 thereof in
view of Hoffman as a method of expediently applying the outer
housing to the inner container, and thereby arrive at the
subject matter of independent claim 1. We do not agree.
Cvacho ‘423, the primary reference, pertains to a
laminated container comprising a very thin inner container 12
made of fluid-impervious metallic foil (column 2, line 13;
column 4, lines 25-30) and a outer structural housing 16 made
of comparatively inexpensive non-metallic material such as
paper or “a suitable plastic” (column 4, lines 19-21 and 41-
-10-
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