Appeal No. 97-2908
Application 08/347,201
The following rejections under 35 U.S.C. § 103 are before
us for review:
(a) claim 5, 7, 14 and 20, unpatentable over Zackheim in
view of either Freeman or Nicko;
(b) claims 8-10, unpatentable over Zackheim in view of
either Freeman or Nicko, and further in view of Tatsumi; and
(c) claim 11, unpatentable over Zackheim in view of
either Freeman or Nicko, and further in view of Monnier.
The rejections are explained in the examiner’s answer
(Paper No. 40, mailed March, 17, 1997).
The opposing viewpoints of appellant are set forth in the
brief (Paper No. 35, filed January 13, 1997) and the reply
brief (Paper No. 41, filed May 12, 1997).
Zackheim, the examiner’s primary reference in each of the
standing § 103 rejections, discloses a prepunctured closure
for a container comprising a flat member 24 preferably made of
an elastomeric material such as rubber, an overlying barrier
layer 26 advantageously made of a flexible, impermeable and
tearable material such as aluminum foil (column 2, lines 54-
4
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