Appeal No. 2001-0483 Page 7
Application No. 08/996,842
describe or under principles of inherency disclose the diameter
of the opening at the reduced end being either greater than one
inch as recited in claims 1 and 14 or about one and one-half
inches as recited in claims 21 to 24.
Since all the limitations of claims 1, 14 and 21 to 24
are not disclosed in Harz for the reasons set forth above, the
decision of the examiner to reject claims 1, 14 and 21 to 24
under 35 U.S.C. § 102(b) as being anticipated by Harz is
reversed.
Claims 12 and 13
We will not sustain the rejection of claims 12 and 13
under 35 U.S.C. § 102(b) as being anticipated by Hoffmann.
Claims 12 and 13 are drawn to a mechanism for holding a
conically-shaped top having a generally circular edge onto a
container having a generally circular edge formed with a bead.
The mechanism for holding a conically-shaped top includes tabs
of the same material as the rest of the top and folded over
therefrom to define creases.
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