Ex parte LUCEY - Page 3




                     Appeal No. 1998-0912                                                                                                                                              
                     Application 08/413,521                                                                                                                                            


                     Bolton et al.                                         3,229,023                                             Jan. 11, 1966                                         
                     Carlson et al.                                        4,953,005                                             Aug. 28, 1990                                         
                     Chardine         1                                    2,518,812                                             Jun. 24, 1983                                         
                     (French Patent)                                                                                                                                                   





                                           Claims 1, 2, 5 through 7 and 10 stand rejected under                                                                                        
                     35 U.S.C.  103(a) as being unpatentable over Chardine in view                                                                                                    
                     of Bolton.                                                                                                                                                        
                                           Claims 3, 4, 8 and 9 stand rejected under 35 U.S.C.                                                                                         
                      103(a) as being unpatentable over Chardine in view of                                                                                                           
                     Bolton, and further in view of Carlson.                                                                                                                           
                                           Rather than reiterate the arguments of Appellant and                                                                                        
                     the Examiner, reference is made to the brief and answer for                                                                                                       
                     the respective details thereof.                                                                                                                                   
                                           As a preliminary matter, we note that the Examiner                                                                                          
                     is correct regarding the noted errors of the claims appearing                                                                                                     
                     in the Appendix to the brief (answer-pages 3 and 4).  In                                                                                                          
                     addition, we note that the “.” after “container” in claim 1,                                                                                                      

                                1 All discussion of this reference relates to a                                                                                                        
                     translation obtained by the USPTO, copy enclosed.                                                                                                                 
                                                                                          3                                                                                            





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