Appeal No. 1998-2035
Application 08/458,783
combined teachings of the applied prior art would not have
suggested an apparatus or method for lubricating and curling a
rim of a paperboard container including a liquid lubricate
transfer ring defining a central opening such that said liquid
transfer ring extends partially over said curling channel as
required by claims 1 and 12 on appeal. With this as our
basis, we cannot sustain the examiner’s rejection of
independent claims 1 and 12 and dependent claims 2-11 and
13-15 under 35 U.S.C. § 103 as being unpatentable over
Ruza in view of Lyon and Daniels.
Now turning to the rejection of dependent claims 17
and 18 under 35 U.S.C. § 103 as being unpatentable over the
combination of Ruza, Lyon, Daniels, and Buckingham, we note
claims 17 and 18 depend from the method claim 12 and further
require that step (a) be practiced by moving said housing
block towards the paperboard container rim and further be
practiced using a reciprocal motor. The examiner relies on
Ruza, Lyon and Daniels to disclose and teach an apparatus for
11
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