Ex parte SCHUTZ - Page 5




          Appeal No. 97-4168                                                          
          Application 08/348,890                                                      


          As stated, the examiner’s combination would result in a metal cap           
          (as seen in Figures 14-20 of Büdenbender ‘576) with a metal                 
          insert of the type seen in Hawkins.  Appellant’s independent                
          claim 7 specifically requires “a plastic sealing cap in screw-              
          threaded engagement with the screw threads of the ring” (emphasis           
          added) and that the plastic sealing cap further have a disk-                
          shaped metal insert “for protecting said sealing cap against                
          corrosive liquid in said container.” Not only is there no                   
          teaching in the applied references of appellant’s problem and               
          solution concerning corrosive liquids in the container contacting           
          a plastic sealing cap (specification, page 3), but we also fail             
          to see any teaching, suggestion or incentive in the applied                 
          references for making the metal caps of Büdenbender ‘576 of a               
          plastic material in the first place and then attempting to                  
          provide such plastic caps with a metal insert to preclude damage            
          by corrosive liquid carried in the container.  Unlike the                   
          examiner, it is our view that the recitations in appellant’s                
          claim 7 regarding 1) the transport and storage of corrosive                 
          liquids and 2) the protection of the plastic cap of the container           
          by the disk-shaped metal insert against corrosive liquid in the             




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