Appeal No. 2004-0117
Application 09/779,312
THE REJECTIONS
The claims stand rejected under 35 U.S.C. § 103 as follows:
claims 1-4 over King in view of Bowen; claims 5 and 10 over Fritz
or Tupper, in view of Kubis; claims 6-9 and 12 over Fritz or
Tupper, in view of Kubis and DeCoster; and claim 11 over Fritz in
view of Kubis and Tupper.1
OPINION
We reverse the aforementioned rejections. We need to
address only the independent claims, i.e., claims 1 and 5.2
Claim 1
King discloses a foil-sealed container/closure combination
which is useful for a variety of purposes, particular examples
being as a medicine bottle, a coffee jar and a drink container
(page 1, lines 9-11). The container has a sealing web or
foil (28) which is releasably secured across the mouth of the
container (page 4, lines 25-27; page 6, lines 17-21). When the
1 Rejections under 35 U.S.C. § 103 of claims 1-4 over Bowen
in view of King and claims 5 and 10 over Evans in view of King in
the final rejection (mailed August 27, 2002, paper no. 6,
pages 2-4) are not maintained in the examiner’s answer. We
consider these rejections to be withdrawn by the examiner.
2 The examiner does not rely upon DeCoster for any
disclosure that remedies the deficiency in the applied references
with respect to the independent claims.
3
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