Ex parte TOWNS - Page 5




          Appeal No. 98-1297                                                          
          Application No. 08/555,836                                                  


          positioned as to accommodate outward movement of the body of                
          the ring, which does not include the frangible attachment                   
          means.                                                                      
               The groove disclosed in Figures 11 and 12 of Towns is                  
          located on the lower edge of the cap portion of the closure,                
          adjacent to but above (as shown) the frangible attachment                   
          means.  The reference is silent as to the function of the                   
          groove, other than the fact that it can be discerned from                   
          Figure 12 that it receives the upper portion of exterior                    
          sleeve member 150.  This groove might inherently provide space              
          for radial expansion of some portion of the cap.  However,                  
          even assuming, arguendo, that the groove is “adjacent” the                  
          tamper-indicating ring, in the absence of explanation to the                
          contrary, it appears to us that it is not so positioned as to               
          provide space for radial expansion of the ring, from which it               
          is longitudinally spaced.  The reference therefore does not                 
          disclose all of the limitations recited in claim 1, and is not              
          anticipatory thereof.                                                       
               The rejection is not sustained.                                        




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