Appeal No. 2001-1360
Application 09/290,056
the cup to release the concentrate (see column 3, line 25 et
seq.). In operation,
[t]he user first introduces the diluent (4), usually
water, through the fill opening (3) into the
container (1) having hand pump (2) mounted thereon,
and then a sealing cap (5) containing the concentrate
(17) is screwed onto fill opening (3). As it is
screwed on, the cup (10) is ruptured and the
concentrate (17) can be mixed with the diluent by
shaking the container (1) without the need for the
user to come into contact with the concentrate (17)
[column 4, lines 19 through 27].
As tacitly acknowledged by the examiner (see pages 4 and 9
in the answer), Itzel does not respond to the limitation in
independent claim 1 requiring the securing means for attaching
the spray head to the open neck of the internally hollowed body
to be in the form of an annular collar defining first and
second halves assembled around the open neck so as to sandwich
an annular and downwardly facing flange portion of the spray
head.
The examiner’s reliance on Groess to cure this shortcoming is
not well taken.
Groess discloses a clamping ring for securely joining the
flanged ends of structural components such as pipes, housings,
gear boxes and engine blocks (see column 1, lines 7 through
5
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