Appeal No. 2004-0117
Application 09/779,312
Bowen’s closure, however, has a platform (28) between the opening
and the inner flange wall (figure 1). The examiner has not
established either that if Bowen’s closure were used with King’s
container, Bowen’s platform would be spaced apart from the
sealing foil or web as desired by King, or that King and Bowen
would have led one of ordinary skill in the art to modify Bowen’s
closure such that it provides such spacing.
For the above reasons we conclude that the examiner has not
carried the burden of establishing a prima facie case of
obviousness of the package claimed in the appellants’ claim 1.
We therefore reverse the rejection of this claim and the claims
that depend therefrom.
Claim 5
Rejection over Fritz in view of Kubis
Fritz discloses a shoe polish container and closure, wherein
the container is made of a polymeric substance that is inert to
weak acids that might be contained in shoe polish and the lid is
made of metal (page 1, lines 24-26 and 61-67). The container has
a neck finish with concentric generally upstanding inner and
outer walls (walls on the sides of groove b in the figure). The
closure has surfaces complementary to and in sealing engagement
with the outer container wall as a result of being assembled on
7
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