Appeal No. 2003-1491 Page 2
Application No. 09/473,834
BACKGROUND
The appellant's invention relates to a method of dispensing viscous liquid
contents from a flexible tube. A copy of the claims under appeal is set forth in the
appendix to the appellant's brief.
Claims 5 to 8 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
U.S. Patent No. 5,361,9391 to Robertson, Jr. (Robertson).
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejection, we make reference to the final
rejection (Paper No. 11, mailed March 18, 2002) and the answer (Paper No. 16, mailed
November 6, 2002) for the examiner's complete reasoning in support of the rejection,
and to the brief (Paper No. 15, filed July 2, 2002) and reply brief (Paper No. 17, filed
December 23, 2002) for the appellant's arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellant's specification and claims, to the applied prior art reference, and to the
1 Issued November 8, 1994.
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