Appeal No. 2001-0483 Page 8
Application No. 08/996,842
The examiner determined that claims 12 and 13 were
anticipated by the structure shown in Figure 5 of Hoffmann
(answer, pp. 3-4). We do not agree. We agree with the
appellant's argument (brief, p. 11-13) that Hoffmann does not
anticipate claims 12 and 13. While it is true that Hoffmann
in Figure 5 shows a conically-shaped sealing insert 8' held in
place on a neck 1 of a bottle by spring tags 11 of stopper cap
7 engaging the enlarged collar 2 of the bottle on mounting of
the sealing insert 8' and stopper cap 7 on the bottle, it is
also true that Hoffmann does not disclose tabs (i.e., spring
tags 11) "of the same material as rest of the top," or tabs
which are "folded over... to define creases about which they
are yieldably pivoted," as required in claims 12 and 13 on
appeal. The spring tags 11 of Hoffmann are molded of a
hard-elastic plastic, while the sealing insert 8' (i.e., the
conically-shaped top) is made of a relatively soft-elastic
material, with the tags being formed during the molding
process (see Figure 3 of Hoffmann) and not by being "folded
over therefrom to define creases about which they are
yieldably pivoted." Thus, it is readily apparent to us that
the appellant's claims 12 and 13 presently on appeal are not
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007