Ex parte SCHREPFER et al. - Page 2




               Appeal No. 1999-1824                                                                                              
               Application No. 08/513,835                                                                                        


                                                       BACKGROUND                                                                
                      The appellants' invention relates to a metal container, comprising an essentially                          
               cylindrical side wall and two curved end walls, which is capable of withstanding internal                         
               overpressure and which is provided with an intended breaking point formed as a notch at the                       
               outer surface of at least one of the end walls.  An understanding of the invention can be                         
               derived from a reading of exemplary claim 9, which appears in the appendix to the appellants'                     
               brief.                                                                                                            
                      The prior art references of record relied upon by the examiner in rejecting the appealed                   
               claims are:                                                                                                       
               Mozley et al. (Mozley)                       4,597,505                      Jul. 1, 1986                          
                       1                                                                                2                       
               Zinkann                                      3,737,977                      May 24, 1989                          
                      (German patent application)                                                                                
                      The following rejection is before us for review.                                                           
                      Claims 9-11 and 13 stand rejected under 35 U.S.C. § 103 as being unpatentable over                         
               Zinkann in view of Mozley.                                                                                        






                      1This reference has been referred to by the examiner and the appellants as "Maxton."                       
                      2An English language translation of this reference, prepared by the Patent and Trademark Office, is        
               appended hereto.                                                                                                  
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