Appeal No. 2000-1449
Application No. 08/838,133
elevated bridging portion 35. That is, the at least one first
frangible element 14 of claims 42 and 43 interconnects the tamper-
evident band 15 to the depending annular wall 13 by means of the
first elevated bridging portion 35. This is in contrast to other
(separate and distinct) first frangible elements 14 (also seen in
Figures 1-3) claimed in, for example, claims 5 and 26, that
interconnect the tamper-evident band 15 to the depending annular
wall 13 at locations between first elevated bridging portions 35.
Because claims 42 and 43 are directed to different frangible
elements than the frangible elements of claims 5 and 26 from which
they respectively depend, and because no other claim in the chain
of dependency of claims 42 or 43 is directed to the same frangible
elements as claims 42 and 43, the examiner’s concerns are not well
founded.
Accordingly, we shall not sustain the standing rejection of
claims 42 and 43 under 35 U.S.C. § 112, second paragraph.
II. The rejections under 35 U.S.C. § 103
Preliminary Matters
The paper styled “AFFIDAVIT PURSUANT TO 37 C.F.R. 1.132” filed
in this application on April 12, 1999 as an attachment to Paper No.
6 does not qualify as an affidavit because it is not under oath,
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007