Appeal No. 2002-1799 Page 5
Application No. 09/353,592
Leung with rate modifier disposed at the claimed inner container
outer surface location.
The examiner’s position is bolstered by a review of the
examples at column 12 of Leung, which are referred to by the
examiner at page 8 of the answer. In this regard, the squeezing
property of the flexible outer container coupled with the
nearness thereof to the inner container outer surface so as to
result in contact of those two surfaces for exerting a crushing
force on the inner container as referred to in the examples
results in the rate modifier being arranged next to or in contact
with the outer surface of the inner container. In other words,
the rate modifier would be “disposed on an outer surface of said
inner container” as required by representative claim 1 even when
coating the inner surface of the outer container therewith as
expressly taught by Leung. Accordingly, one of ordinary skill in
the art would have recognized that whether the rate modifier is
initially coated on the inner surface of the outer container or
the outer surface of the inner container, the resulting
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