Ex parte TOWNS - Page 2




              Appeal No. 96-4162                                                                                       
              Application 08/313,901                                                                                   


              Figure 2, the molding process of the invention uses a mold having at least three parts                   
              including an end member (21) and a pair of side members (30 and 31).  The inner surface                  
              of the end member (21) is provided with a frusto-conical recess (25).  The molded                        
              container is thus free of “either axially oriented or transversely oriented parting lines on the         
              sealing surface itself” (specification, page 3).  The process of the invention also includes             
              providing a transfer ring (12) and a closure engaging surface (16) on the container.                     
              Claims 1 and 3 are representative and read as follows:                                                   
                     1.  In the process of molding a container having a finish at an open end thereof in               
              which the end of the finish is provided with an end surface and a frusto-conical sealing                 
              area thereon, including the steps of providing a mold having at least three parts including              
              an end member and a pair of side members forming the end and side surfaces of said                       
              finish, said end and side members being positioned in abutted relation during a molding                  
              operation; the additional step of: forming an axially extending recess in an inner surface of            
              said end member corresponding to the end surface and said frusto-conical sealing area                    
              whereby all parting lines formed by said mold members during molding are positioned                      
              outside said frusto-conical sealing area.                                                                
                     3.  An improved mold for containers having a finish incorporating a frusto-conical                
              sealing surface on an outer surface thereof adjacent the end of said finish; said mold                   
              comprising at least an axially displaceable end member having a recess therein enclosing                 
              said frusto-conical sealing area, and a pair of laterally displaceable side members forming              
              the remaining outer surfaces of said finish.                                                             
                     The examiner has rejected claims 1 through 6 under the first paragraph of 35                      
              U.S.C. § 112 as being based on a specification which fails to provide an enabling                        
              disclosure of how to make and/or use the invention and under 35 U.S.C. § 101 as being                    
              directed to an inoperative invention.  Additionally, the examiner has rejected the claims as             


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