Appeal No. 96-4162
Application 08/313,901
formation of a closure engaging surface as claimed (main brief, page 10). The appellant’s
specification teaches provision of an arcuate closure engaging surface (16) wherein the
angle of the surface (16) may be altered to vary the degree of purchase obtained by a
beaded edge of a closure (specification, page 7). Blenkush does not disclose the use of
shoulder (72) as a closure engaging surface or the variation of the angle or contour of the
shoulder for the purpose of varying the degree of purchase obtained thereby. However,
the disclosed 90-degree angle of the shoulder surface with the axis of the insert is capable
of establishing a degree of purchase with respect to such a bead. Accordingly, the
molding of shoulder (72) disclosed by Blenkush satisfies the step of forming a closure
engaging surface as recited in claim 6.
This decision contains new grounds of rejection pursuant to 37 CFR § 1.196(b)
(amended effective Dec. 1, 1997, by final rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct.
10, 1997), 1203 Off. Gaz. Pat. & Trademark Office 63,122 (Oct. 21, 1997)). 37 CFR
§ 1.196(b) provides that “[a] new ground of rejection shall not be considered final for
purposes of judicial review.”
37 CFR § 1.196(b) also provides that the appellant, WITHIN TWO MONTHS FROM
16
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