Appeal No. 2004-0117
Application 09/779,312
the container with a push-on motion (page 1, lines 79-83). A
metal lid is used in combination with a polymeric container to
provide air tightness of the container even if there is shrinking
or expansion of the polymeric substance (page 1, lines 14-31).
Fritz does not disclose that the polymeric substance can be
thermoplastic and injection molded or that the lid can be an
injection molded thermoplastic body, and does not disclose a seal
membrane sealed to the inner wall of the container.
Kubis discloses a container for a product such as food,
having a removable plastic lid which is secured, preferably by
heat bonding, to a flange around the opening of the container,
and which can be torn off using a pull tab (col. 1, lines 52-59;
col. 2, lines 30-35).
The examiner argues that “[i]t would have been obvious to
one of ordinary skill in the art at the time the invention was
made to apply Kubis’s teaching of a seal membrane to the
container of Fritz. Doing so would extend the shelf-life of the
container contents prior to first use by preventing drying of the
contents” (answer, page 4).
The examiner has not explained why, in view of Fritz’s
teaching that the closed container is airtight (page 1, lines 82-
83), Fritz and Kubis would have motivated one of ordinary skill
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007