Appeal No. 2000-1449
Application No. 08/838,133
this feature is taught by Arona-Delonghi at locking rib 10. The
examiner concludes (answer, page 4) that it would have been obvious
to provide the closure of Sander with a hook-shaped locking member
as taught by Arona-Delonghi in order to better secure the closure
to the neck of a bottle.
Appellant argues that Arona-Delonghi is non-analogous art.
Appellant further argues (1) that Arona-Delonghi teaches away from
adaption of any of its features to a threaded snap-on closure, (2)
that the closure of Arona-Delonghi encounters completely different
types of forces during installation and removal that would not
enable its use with appellant’s tamper-evident closure having a
threaded connection to the container, (3) that there is no
suggestion that would motivate one skilled in the art to provide a
hook-shaped locking member on the tamper-evident band of a threaded
closure that is screwed on and off of a container, and (4) that the
examiner’s proposed combination is based on the use of
impermissible hindsight.
2(...continued)
“extending radially inward from said first tamper indicating ring
with a surface at an angle to a plane normal with said first
tamper indicating ring” (emphasis added). Based on the showing
in Figures 1, 2 and 7 of Sander, the arcuate projections 16 on
Sander’s tamper indicating ring 15 appears to meet this
limitation, in which event Sander would anticipate claim 1.
6
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