Appeal No. 97-4168
Application 08/348,890
Büdenbender ‘576 depict the types of caps that may be used with
the neck region/tube stub therein. As can be seen in Figures 14-
20, the caps of Büdenbender ‘576 are made of metal and therefore
differ from appellant’s claimed subject matter which recites a
plastic sealing cap with a disk-shaped metal insert disposed
therein. Hawkins discloses a closure (e.g., Figs. 7-9) designed
to provide a hermetic seal for food or medications containers.
The cap portion (56) of the closure is formed of plastic, while
an insert (54) therein is formed of metal. In the examiner’s
opinion (answer, page 4), it would have been obvious to one of
ordinary skill in the art
to modify the closure of Büdenbender in view of Hawkins
et al. to provide a metal insert in said cap to protect
the contents of the container and an annular projection
extending into the neck and an annular groove disposed
between an outer edge of the insert and said annular
projection with a resiliently deformable gasket in the
annular groove to provide a leakproof seal for the
container.
Even if we assume that the combination as posited by the
examiner is appropriate, a position strongly disputed by
appellant, we note that the container resulting therefrom would
not be that which is set forth in appellant’s claim 7 on appeal.
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