Appeal No. 2000-0004 Page 6
Application No. 08/872,004
Opposite sheath ends are secured together by
strap 3 and buckle 5. The collar of McBride
is adapted to receive and store a drinking
fluid if one desired to fill the vessel 19
with such a fluid and then introduce it into
the sheath. [final rejection at pages 2 to
3]. (emphasis in original).
Appellant argues that McBride does not teach or suggest a
resealable closure for a fluid vessel containing drinking fluid
because the flap 13 of McBride is an element of the sheath and
not an element of the watertight vessel and thus can not be
considered the closure required by claim 1.
We do not find this argument persuasive because enclosures
11 and 15 of the McBride collar form a tubular band with at least
one fluid compartment in which the fluid inside tube 19 is stored
and flap 13 is a port in the tubular band formed by enclosures 11
and 15. As such, the structure of McBride anticipates the
subject matter of claim 1. Therefore, we will sustain the
rejection as it is directed to claim 1.
We will also sustain this rejection as it is directed to
claim 4 as this claim stands or falls with claim 1. (See brief at
page 3).
We turn next to the rejection of claims 2 and 3 under
35 U.S.C. § 103 as being unpatentable over McBride. We will
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