Ex parte KUBITZ - Page 14




          Appeal No. 97-2116                                                          
          Application 07/789,802                                                      


          claim 1, or claims 3, 5 and 8 which depend therefrom, as being              
          unpatentable over Cvacho ‘423 in view of Hoffman, Cvacho ‘927               
          and Nixon.  The Roales and Potts references additionally                    
          applied in the rejection of claim 6 (rejection (d)), and the                
          Conklin reference additionally applied in the rejection of                  
          claims 7 and 9 (rejection (e)), do not make up for the                      
          deficiencies of the references applied in the rejection of                  
          claims 1, 3, 5 and 8.  Therefore, these rejections also cannot              
          be sustained.                                                               
                                    Rejection (f)                                     
               Independent method claim 20 stands rejected as being                   
          anticipated by Hoffman.  The method of claim 20 comprises the               
          steps of providing a container having at least one open end                 
          for filling with a product, encircling at least a portion of                
          the                                                                         
          container with a thermoplastic film, and subjecting the film                
          to elevated temperature and shrinking the film for applying                 
          compressive force to the container radially prior to filling                
          and prior to applying an end closure to the open end.                       
               Hoffman pertains to a system for applying heat shrink                  


                                         -14-                                         





Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next 

Last modified: November 3, 2007