Appeal No. 2001-0483 Page 6
Application No. 08/996,842
at the reduced end being of a diameter greater than one inch
thereby allowing several kernels of popped popcorn to pass
through at the same time.
Claims 21 to 24 are drawn to a dispensing top for passing
only several kernels of a popped popcorn at a time from an
open-ended container filled with popped popcorn. The
dispensing top has a generally conical shape with the opening
at the reduced end being about one and one-half inches in
diameter thereby allowing several kernels of popped popcorn to
pass through at the same time.
The examiner determined that claims 1, 14 and 21 to 24
were anticipated by the cap 6 shown in Figure 5 of Harz
(answer, p. 3). We do not agree. Harz does not specifically
state the diameter of the opening at the reduced end of the cap
6 shown in Figure 5. In the decision of September 27, 1996 in
the parent application, that panel of the Board of Patent
Appeals and Interferences found that the opening at the reduced
end of the cap 6 shown in Figure 5 was approximately 15/16 of
an inch. This, being the case, Harz does not expressly
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