Appeal No. 2001-0533
Application No. 09/322,043
the fillable dumbbell when fully assembled, are of
substantially equal outer surface diameter, similar again to a
standard dumbbell, in order to be gripped comfortably in ones
[sic, one's] hand" (col. 2, lines 9-14).
The examiner recognizes that the Roark containers lack "a
collar extending radially from said neck intermediate the
threaded portion of the neck and the body of said container
which defines a diameter greater than the diameter of the neck
portions adjacent thereto" as recited in claim 1. The
examiner's position, as we understand it, is that it would
have been obvious to use the containers of Smith with the
closure of Roark to provide a stop for the closure or, in the
alternative, that it would have been obvious to use the
closure of Roark with the containers of Smith. It is our
opinion that neither of these positions is well taken.
To use containers of the type taught by Smith having a
"collar extending radially from said neck intermediate the
threaded portion of the neck and the body of said container
which defines a diameter greater than the diameter of the neck
portions adjacent thereto" as recited in claim 1 in
combination with the Roark closure to form a dumbbell would be
10
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