Ex parte GUERET - Page 5




          Appeal No. 1999-1911                                                        
          Application No. 08/659,308                                                  


          includes a neck that terminates in an opening having a beveled              
          edge.  Reinhard describes the shape and function of the                     
          opening as follows:                                                         
                    The mouth 33 of passage 32 is outwardly                           
                    flared, to facilitate insertion of applicator                     
                    14-15, and the upwardly projecting end has                        
                    both concave and convex chamfers to define                        
                    a circumferentially extensive “line” or edge                      
                    for axially driven sealing contact against                        
                    a flat annular bottom 34 (FIG. 2) of the                          
                    opening in which the threaded neck body 31                        
                    is received in cap 11. [Column 2, lines                           
                    37-45; emphasis added.]                                           
               The Lerner reference applied by the examiner against the               
          claims is directed to a container and applicator for use in                 
          connection with nail polish and the like (column 1, lines 12-               
          14).  The upper portion of the neck of Lerner’s container                   
          includes a bead portion 36 adjacent the neck opening that is                
          designed to engage with a flat lower surface of flange 48 of                
          applicator 40, which flange has a certain degree of resiliency              
          (column 2, lines 13-16).  Lerner explains the sealing action                
          between the bead                                                            
          36 and flange 48 as follows:                                                
                    The annular bead 36 on the upper portion                          
                    of the neck of the bottle provides a sealing                      
                    ring or an annular point contact with the                         

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