Appeal No. 97-2908
Application 08/347,201
currently pending in the application.
By way of background, this is the second appeal of the
presently disclosed subject matter. In Appeal No. 94-3699 in
parent application SN 07/865,501, a merits panel of this Board
affirmed the examiner’s rejections of the appealed claims.
Familiarity with the decision in the prior appeal is presumed.
Appellant’s invention pertains to a container having a
sealing member for sealing the opening of the container (claim
14), and a container seal per se (claims 5, 7-11 and 20). Of
particular interest to appellant is the provision of a seal
having an incision below a puncture area of the seal, wherein
the incision extends only partially through the material
beneath the puncture area. Independent claims 5 and 20 are
illustrative of the subject matter in issue and read as
follows:
5. A container seal which can be punctured for repeated
liquid transfer to and from a container by means of a hollow
needle, comprising:
an elastic sealing member having a top surface and a
bottom surface and a puncture area on the top surface, the
sealing member including only one incision therein, the
incision positioned below the puncture area and extending from
2
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