Ex parte KREISEDER et al. - Page 3




                 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.                                                                               
                                                                           3                                                                            





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