Ex parte CALVO et al. - Page 6




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


          contiguous piece of machined material such as lightweight                   
          aluminum, or molded material such as plastic” (column 3, lines              
          46 through 48).  The funnel 100 consists of an upper conical                
          part 120, 130, and a lower cylindrical part 140 for engaging                
          the mouth of a jar.  Of the lower cylindrical part, Smith                   
          teaches that                                                                


               an engaging member such as threads [160] is provided                   
               on the funnel so that the funnel can be firmly                         
               affixed to the mouth of jars.  In a preferred                          
               embodiment, threads are provided on the inside of a                    
               lower, cylindrical part [140] of the funnel for jars                   
               with threads on the outside of the mouth.  . . .                       

                    In addition to the threads, the lower                             
               cylindrical part of the funnel has a rim [150],                        
               above the threads.  The rim covers the rim of the                      
               jar mouth and thereby facilitates a tight, stable                      
               coupling between the funnel and the jar and a tight                    
               seal between the funnel and the jar.  The rim also                     
               prevents leakage of the contents of the funnel                         
               between the funnel threads and jar threads during                      
               pouring [column 1, lines 21 through 38].                               
               In rejecting the appealed claims under § 103(a), the                   
          examiner finds that the Swedish reference responds to all of                
          the limitations therein except for those in independent claims              
          1 and 6 calling for the body of the claimed funnel to be                    
          “plastic,” and concludes that it would have been obvious to                 

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