Ex parte FINKELSTEIN et al. - Page 6




          Appeal No. 2001-1387                                                        
          Application No. 08/715,210                                                  

               causes absorption of the wax layers as described                       
               hereinbefore, it being understood that the releasing                   
               power of wax layer 21 is larger than that of wax 1                     
               layer 25.                                                              
                    If the screw cap is removed for the first time,                   
               a seal closure formed by layers 21 to 27 remains on                    
               the neck of the container, whereas foam layer 20                       
               remains in the cap.                                                    
                    The operator then peels off the laminate                          
               comprising layers 21 to 25 from the container, and                     
               then opens the container . . . [by removing] the                       
               remaining seal formed by layers 26 and 27.                             
                    If the container is not completely emptied and                    
               must be reclosed, foam layer 20 forms a liquid-tight                   
               seal between cap 10 and surface 9 of neck 15 of the                    
               container [column 3, lines 34 through 68].                             
               As conceded by the examiner (see pages 2 and 4 in the                  
          final rejection), neither Unipac nor Peeters responds to the                
          limitation in claim 1 requiring “a pressure sensitive adhesive              
          light tack shearable adhesive joining one face of the reusable              
          liner to an opposing face of the inner seal, said adhesive                  
          more readily failing in shear than said reusable liner portion              
          so as to enable separation of the reusable liner from the                   
          inner seal.”  The corresponding elements in the prior art                   
          liners are Unipac’s wax adhesive and Peeters’ wax 21.                       





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