Ex parte KUBITZ - Page 20




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


          have been obvious to make the container of Hoffman of                       
          relatively thin material for the self evident purpose of                    
          effecting a cost savings by minimizing the amount of material               
          needed to make the container.  Accordingly, as argued, we will              
          sustain the § 103 rejection of claim 21 based on Hoffman and                
          the other references cited thereagainst in rejection (g).                   
               We likewise will sustain the rejection of dependent claim              
          22 based on Hoffman and the other references cited                          
          thereagainst in rejection (g) since this claim has not been                 
          separately argued with any reasonable degree of specificity in              
          the argument with respect to claims 21-23 found on page 11 of               
          the brief.  See, for example, In re Nielson, 816 F.2d 1567,                 
          1572, 2 USPQ2d 1525, 1528 (Fed. Cir. 1987).                                 
               We will not sustain the rejection of dependent claim 23                
          based on Hoffman and the other references cited thereagainst                
          in rejection (g) since we agree with appellant that the                     
          applied prior art does not suggest the additional step of                   
          locating the thermoplastic film between the container body and              
          the end closure and entrapping said portion during the step of              
          sealing the container with the end closure, as called for in                


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