Ex parte PIETRAFESA - Page 4




          Appeal No. 1999-2730                                                        
          Application 09/008,836                                                      



          in claim 1.                                                                 
               Turning to the patent to Stevens, Stevens discloses a                  
          container closure for forming a normally permanent closure on               
          a container, the closure being relatively non-removable.  The               
          embodiments of Stevens show the end of a paperboard container               
          folded over to present a top edge 14 and a downwardly directed              
          skirt 17 which ends in an edge 23 facing downwardly.  Stevens               


          discusses several embodiments, two of which are directed to                 
          forming a normally permanent closure on a container and one of              
          which cannot be easily resealed once it is removed from the                 
          container.                                                                  
               Inasmuch as Stevens does not show a rolled rim defining                
          an annular bead as argued by appellant, it is our view that                 
          the references to Whitney and Stevens, if combined as the                   
          examiner                                                                    
          proposes, would not have rendered the subject matter of claim               
          1 prima facie obvious.  Furthermore, inasmuch as Stevens                    
          discloses that his container is normally either permanently                 
          closed or cannot be easily tightly sealed again after the                   

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