Appeal No. 2001-1360
Application 09/290,056
Claims 21 and 22 rejected under 35 U.S.C. § 103(a) as
being unpatentable over Itzel in view of Junkel.
Attention is directed to the appellants’ brief (Paper No.
9) and to the examiner’s answer (Paper No. 14) for the
respective
positions of the appellants and the examiner with regard to the
merits of these rejections.
DISCUSSION
Itzel, the examiner’s primary reference, discloses “a
device in which concentrates, particularly concentrated plant
protecting agents, can be safely diluted with a suitable liquid
to the concentration suitable for use, without any errors of
dosage, and from which the resulting solution can be
disseminated by spraying or atomizing” (column 1, lines 4
through 9). The illustrative embodiment depicted in Figures 1,
3 and 4 includes a container 1 having an upper opening 6 and a
lower fill opening 3, a hand pump 2 secured to the upper
opening, and a sealing cap 5 threaded to the fill opening. The
sealing cap 5 comprises a cup 10 containing a concentrate 17.
Screwing the cap down on the rim of the fill opening ruptures
4
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