Ex Parte Martin et al - Page 2




          Appeal No. 2004-0117                                                        
          Application 09/779,312                                                      


                                    THE INVENTION                                     
               The appellants claim a package comprising a container and              
          closure combination.  Claims 1 and 5 are illustrative:                      
               1.   A package comprising a container having a mouth, a                
          sealing membrane on the mouth of the container, and a reclosable            
          dispensing closure overlying the container mouth and the sealing            
          membrane, the closure including a base with a central dispensing            
          aperture and a movable lid for alternately opening or closing the           
          aperture, the seal membrane being releasably secured to the                 
          container across the mouth, the base being receivable on the                
          container around the mouth laterally outwardly of the mouth in a            
          fully assembled position wherein surfaces of the base and the               
          container are inter-engaged, the base being spaced from the seal            
          member when the base is fully assembled on the container whereby,           
          with the lid moved to open the container, the seal membrane can             
          be removed from the container by operations conducted through the           
          base aperture without risk that the seal membrane can be pinched            
          between the closure and the container.                                      
               5.   A package comprising a container and a closure, the               
          container being an injection blow-molded thermoplastic body, the            
          closure being an injection molded thermoplastic body, the                   
          container having a neck finish with concentric generally                    
          upstanding inner and outer walls, a seal membrane sealed to the             
          inner wall, the closure having surfaces complimentary to and in             
          sealing engagement with the outer container wall as a result of             
          being assembled on said container with a push-on motion.                    
                                   THE REFERENCES                                     
          Tupper                        4,027,778     Jun.  7, 1977                   
          Kubis et al. (Kubis)          4,834,259      May  30, 1989                  
          DeCoster et al. (DeCoster)     D318,015      Jul.  9, 1991                  
          Bowen                         5,657,894      Aug. 19, 1997                  
          Fritz                               869,478         May  31, 1961           
               (United Kingdom patent specification)                                  
          King                              2,257,693        Jan. 20, 1993            
               (United Kingdom patent application)                                    

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