Appeal No. 98-2120
Application No. 08/607,915
We REVERSE.
The appellant's invention pertains to a package for a
stick product such as deodorant. Of particular importance is
the provision of a locking mechanism for maintaining the
position of the stick product at given position relative to
the package. Independent claim 5 is further illustrative of
the appealed subject matter and a copy thereof can be found in
the APPENDIX to the brief.3
The references relied on by the examiner are:
Houlihan 2,071,747 Feb. 23,
1937
Keith 2,770,358 Nov. 13,
1956
European patent (Fierus) 0 442 004 Aug.
21, 1991
2(...continued)
rejection of this claim under 35 U.S.C. § 112, second
paragraph (see the advisory action dated August 19, 1997
(Paper No. 9)).
3We base our understanding of the appealed subject
matter upon the following interpretation of the terminology
appearing in the claims. In line 3 of claim 5 (as it appears
in the APPENDIX to the brief) we interpret "through" to be -
- in -- since it is readily apparent from a perusal of this
claim that the recited "slot" includes both groove 46 (which
does not extend through the wall) and slot 34 (which does
extend through the wall).
2
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