Appeal No. 2001-0109
Application 08/871,898
the interference fit between the plug and the bag and between
the plug and the ring is
uniform a to the tightness of the fit, around the mouth of
the bag.
References
The references relied upon by the Examiner are:
Ecklund 5,359,356 Oct. 25, 1994
Kubota et al. (Kubota) 5,611,461 Mar. 18, 1997
Rejections at Issue
Claims 1-2, 4-6, and 8-16 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Ecklund in view of Kubota.
Opinion
With full consideration being given to the subject matter
on appeal, the Examiner’s rejections and Appellant’s arguments,
we will not sustain the rejection of claims 1, 2, 4 through 6,
and 8 through 16.
Appellants argue that neither Ecklund nor Kubota teach
“the a lip lies stretched over the outer surface of the plug”,
as recited in independent claim 1. See Appellant’s Amended
Appeal Brief, Paper No. 18, page 5, paragraph 6 through page 8,
paragraph 5, see also Appellant’s Reply Brief, Paper No. 21,
page 1, paragraphs 1 through 5.
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