Ex Parte Vilacha Zanoni et al - Page 3




                 Appeal No. 2004-0187                                                                                  Page 3                     
                 Application No. 09/745,098                                                                                                       


                         In reaching our decision in this appeal, we have given careful consideration to                                          
                 the appellants’ specification and claims, to the applied prior art references, and to the                                        
                 respective positions articulated by the appellants and the examiner.  As a consequence                                           
                 of our review, we make the determinations which follow.                                                                          
                         The appellants’ invention is an improved crown closure for a bottle.  The crown                                          
                 closure has a curved portion that is adapted to be the same shape as the mouth                                                   
                 contour of the bottle which, according to the appellants, avoids crown tilting, eliminates                                       
                 lacquer breakdown during crowning and during opening of bottles, improves the useful                                             
                 life of the crown elements, and reduces the blank diameter of crown shells, resulting in                                         
                 more crowns produced per sheet of material (specification, page 2).                                                              
                         The invention is manifested in independent claim 1 in the following manner:                                              
                                  A crown closure comprising:                                                                                     
                                  a shell having an inside, a top, a skirt, a curved portion and a                                                
                                  plurality of serrations which do not project into said curved                                                   
                                  portion;                                                                                                        
                                  said curved portion disposed between said top and said                                                          
                                  skirt;                                                                                                          
                                  a liner secured to said inside; and                                                                             
                                  wherein said curved portion is adapted to be the same                                                           
                                  shape as the mouth contour of a bottle.                                                                         











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