Appeal No. 98-2417
Application 08/570,894
forms the top of the container. As is apparent from Rudick,
the container therein includes opening means (19) that
utilizes a pull tab pivotably secured to the planar flange of
the second compartment that forms the top of the container.
The pivoting movement of the pull tab in Rudick is
that expected of a conventional pull tab, wherein one end of
the tab may be lifted upwardly and pivoted away from the top
of the container, while the other end is pressed downwardly to
force open the breakable seal that defines the openable liquid
dispensing opening. Thus, we will sustain the examiner’s
rejection of claim 10 under 35 U.S.C. § 102(b) as being
anticipated by Rudick.
We will not sustain the examiner’s rejection of claim 11
under 35 U.S.C. § 102(b) as being anticipated by Rudick.
Claim 11 addresses the capability of the pull tab to pivot
between the position seen in Figure 3 of the drawings and the
position seen in Figure 4 of the drawings. When positioned as
in Figure 3, the pull tab closes or "at least partially
obstructs" the opening to the second enclosure, while after
being pivoted upwardly as in Figure 3 of the drawings, the
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