Appeal No. 2004-0187 Page 2
Application No. 09/745,098
BACKGROUND
The appellants’ invention relates to a crown closure for a bottle. An
understanding of the invention can be derived from a reading of exemplary claim 1,
which has been reproduced below.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Ferngren 2,099,056 Nov. 16, 1937
Myer 3,497,098 Feb. 24, 1970
Leenaards et al. (Leenaards) 3,827,594 Aug. 6, 1974
Claims 1-12 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
Leenaards.
Claim 13 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over
Leenaards in view of Ferngren.
Claims 14-16 stand rejected under 35 U.S.C. § 103(a) as being unpatentable
over Leenaards in view of Myer.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejections, we make reference to the Answer
(Paper No. 13) and the final rejection (Paper No. 8) for the examiner's complete
reasoning in support of the rejections, and to the Amended Brief (Paper No. 12) and
Reply Brief (Paper No. 14) for the appellants’ arguments thereagainst.
OPINION
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