Appeal No. 2000-2024
Application No. 09/059,207
article, in particular a pour spout fitment, to a container.
The claims on appeal are drawn to methods (claims 1, 3, 5 to
9, 20, 22, 25 and 26) and apparatus (claims 10 to 19, 21 and
24), and are reproduced in the appendix of appellants' brief.
The references applied in the final rejection are:
Konaka 4,507,168 Mar. 26,
1985
Hardigg et al. (Hardigg) 5,296,075 Mar.
22, 1994
Keeler 5,473,857 Dec. 12,
1995
Bachner et al. (Bachner) 5,484,374 Jan.
16, 1996
The appealed claims stand finally rejected under 35
U.S.C.
§ 103(a) on the following grounds:1
(1) Claims 1, 3, 5, 6, 10 to 13, 20, 21 and 25, unpatentable
over Keeler;
(2) Claims 7, 14 and 19, unpatentable over Keeler in view of
Konaka;
(3) Claims 8, 9 and 15 to 18, unpatentable over Keeler in view
1A rejection of claims 7, 8, 9, 25 and 26 under 35 U.S.C.
§ 112, second paragraph, is not repeated in the answer and is
deemed to be withdrawn, the examiner conceding that those
claims are not indefinite (answer, page 4).
2
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