Appeal No. 97-2116
Application 07/789,802
thin metal foil would act as a disincentive to one of ordinary
skill in the art to make the sort of modification proposed by
the examiner. Nothing in Cvacho ‘927 or Nixon lead us to a
different conclusion. In particular, we simply do not agree
with the examiner’s statement that “[i]f such a thickness of a
metallic container [i.e., the thickness of the metallic inner
container disclosed in Cvacho ‘423 at column 4, line 53] can
withstand an
internal pressure . . . it can withstand an external pressure
of a shrunk sleeve on its exterior” (supplemental answer, page
2).
Turning to Hoffman, we observe that this reference is
directed to:
Apparatus and method for applying heat shrinkable
film to containers . . . [wherein, a] segment of
film is applied to the vertical surface [of the
container] without heat shrinking [i.e., by adhering
the leading end of a segment of film to the
container, wrapping the film around the bottle, and
adhering the trailing end to the leading end] and
with one or two end portions overlapping the re-
entrant part of the article[,] . . . [h]eat [being]
applied to the overlap or overlaps to shrink them
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