Ex parte D'AMORE et al. - Page 7




          Appeal No. 2000-0003                                       Page 7           
          Application No. 08/618,814                                                  


          formed to the shape shown in Figure 3.  Then, the lower part                
          of the container, that is, the part of the container between                
          the base and the area of the smallest diameter, is obtained by              
          a succession of forming operations.  Lastly, the upper part of              
          the container, that is, the part of the container that is                   
          situated between the upper neck and the area of smallest                    
          diameter is obtained by a succession of forming operations.                 
          From these forming operations, Dolveck teaches that it is                   
          possible to obtain containers shaped as shown in Figures 13,                
          14, 16, 19, 20, 21, 24 and 25.                                              


                    The appellants argue (brief, pp. 3-5; reply brief,                
          pp. 1-2) that the process of claim 1 is not anticipated by                  
          Dolveck since Dolveck requires deformation of the entire                    
          periphery of the wall of the the blank over its entire length               
          from one end to the opposite end.  We agree.                                


               In our view, the three process steps of claim 1 are not                
          readable on Dolveck.  In that regard, while Dolveck does                    
          produce from a metal blank a cylindrical preliminary can                    
          comprising a base and a peripheral wall (i.e., the wall                     







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