Appeal No. 1999-0953 Application No. 08/576,618 Claim 1, the sole independent claim on appeal, calls for a dispensing cover for a product dispenser, comprising a relatively thick dome portion with an external top surface and an internal underside surface, a depending skirt portion co-joined with the dome [2] portion about a peripheral edge thereof, . . . and a weakened relatively thin area formed in the cover about said peripheral edge acting as a peripheral hinge to permit the dome portion to flex into contact with the product when a force is exerted against said external top surface . . . and to return to its original unflexed position out of contact with the product when the force is removed . . . . [Emphasis added.] Murphy, the examiner’s primary reference, pertains to an applicator for creams and viscous liquids (translation, page 1). The applicator includes a dispensing cap 24 that corresponds generally to the claimed dispensing cover. Murphy describes cap 24 as follows: As shown more particularly in Fig. 2, the cap 24 has an outer section 27, which is relatively thick[,] and an inner section 28 which is thin. At the center of the inner section there is provided an orifice 29. The cap 24 is made of a material which is strong and resilient so that if the inner section 28 is pressed it will bend inwardly toward the container 10, but when released will resume its original shape. [Page 4; emphasis added.] 2We consider the term “co-joined” to mean that the depending skirt portion and the dome portion are joined. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007