Appeal No. 96-0969
Application 08/200,420
Reference is made to appellant’s brief and reply brief
(Paper Nos. 11 and 13) and to the examiner’s final rejection
and answer (Paper Nos. 6 and 12) for the respective positions
of appellant and the examiner with regard to the merits of
this rejection.
Opinion
DeQuillfeldt discloses a bottle-stopper “of that class in
which the stopper itself is hollow and provided interiorly
with a valve tightening against a seat in the said stopper by
the gaseous pressure from a charged beverage in the bottle”
(page 1, lines 8-13). The bottle-stopper comprises a cap A,
preferably made of tin, threaded into the neck of a bottle. A
bail C permanently secures the cap to the neck of the bottle,
but leaves the cap free to rotate and slide upon the bottle
neck (page 1, lines 68-72). A sliding ball valve F, made of
rubber or other elastic material (page 1, lines 73-74), is
trapped in a passage in the cap. In use, bottles provides
with stoppers of the type described “are charged through the
valve-opening in the said stopper without taking the stopper
out of the bottle-neck” (page 1, lines 13-16).
Anticipation is established only when a single prior art
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