Ex parte RENTSCH - Page 2




          Appeal No. 1998-0209                                                        
          Application No. 08/452,153                                                  


               We AFFIRM.                                                             


               Claim 1, which is illustrative of the subject matter at                
          issue, reads as follows:                                                    
               1. A leak-proof all plastic male urinal bottle comprising              
          a    body leading to an open neck, said neck having a                       
               circumferential depression on an inside surface of the                 
               neck, a circular cap having a circumferential detent bead              
               surrounding a cylindrical surface of said cap at a                     
               location where said depression and bead confront each                  
               other when said cap is in place, a diameter of said                    
               detent bead being greater than a diameter of said inside               
               surface of said neck, said cap having a diaphragm-like                 
               disk with a reinforced area in the center thereof, said                
               diaphragm distorting responsive to pressure on said                    
               reinforced area to form a somewhat conical shape which                 
               reduces the diameter of said detent bead sufficiently to               
               slide through said inside surface of said neck far enough              
               to confront said circumferential depressed area, the                   
               memory of said plastic causing said diaphragm to return                
               to said disk shape for driving said detent bead into said              
               circumferential depression responsive to removal of said               
               pressure on said reinforced area.                                      
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              

               Borse          3,716,871                     Feb. 20,                  
          1973                                                                        
               Jones          5,422,076                     Jun.  6,                  
          1995                                                                        
                                                  (filed Oct. 29, 1993)               
               The following rejection is before us for review:                       

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