Appeal No. 1999-1911
Application No. 08/659,308
of this rejection.
At the outset, we observe that appellant states on page 2
of the brief that the claims stand or fall together.
Therefore, we need only consider representative claim 33, the
sole independent claim on appeal.
The central issue in this appeal is whether it would have
been obvious to one of ordinary skill in the art at the time
of appellant’s invention to have modified the bottle of
Nardone such that it includes “[a] neck terminating upwardly
in a sharp edge adapted to deform said circular flat (26), so
as to create a sealing arrangement,” as called for by claim
33. No other limitation is argued by appellant as
distinguishing over Nardone.
Nardone seals the bottle opening 1 by providing a
deformable sealing disk 4 mounted in the closure cap 6, and by
providing the neck 2 of the bottle with an upper surface
having a plane, circular configuration 12 bordered by an outer
beveled or frusto conical surface 13 (column 3, lines 62-67).
When the cap is screwed down onto the bottle neck, the sealing
disk is deformed into tight sealing engagement with the
surface portions 12 and
3
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