Ex parte CALVO et al. - Page 3




                     Appeal No. 2001-0700                                                                                                                                              
                     Application 09/154,938                                                                                                                                            





                                whereby the funnel may engage a plurality of different                                                                                                 
                     size fill opening containers in the region of its fill opening                                                                                                    
                     and seal with a surface at its fill opening.                                                   1                                                                  

                                                                            THE PRIOR ART                                                                                              

                                The references relied on by the examiner to support the                                                                                                
                     final rejection are:                                                                                                                                              
                                Smith                                                 5,762,120                                            Jun.  9,                                    
                     1998                                                                                                                                                              

                                Stjernquist                                           121,519                                              Apr. 20,                                    
                     1948                  (Swedish Patent Document)2                                                                                                                  

                                1 Interpreting the appealed claims in light of the                                                                                                     
                     underlying disclosure, we understand (1) the recitation in                                                                                                        
                     claim 1 of the engaging portion inner and outer walls as                                                                                                          
                     reading on the inner and outer surfaces of disclosed engaging                                                                                                     
                     portions 21, 22, (2) the recitation in the last clause of                                                                                                         
                     claim 1 of the fill opening as referring to each respective                                                                                                       
                     fill opening of the plurality of different size fill opening                                                                                                      
                     containers previously recited in the clause, and (3) the                                                                                                          
                     recitation in claim 3 of “said engaging portion,” which lacks                                                                                                     
                     a proper antecedent basis due to the recitation in parent                                                                                                         
                     claim 1 of a plurality of engaging portions, to read as -–each                                                                                                    
                     said engaging portion–-.                                                                                                                                          
                                2An English language translation of this reference,                                                                                                    
                     prepared by the United States Patent and Trademark Office, is                                                                                                     
                     appended hereto.                                                                                                                                                  

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