Ex Parte Zumbuhl - Page 2




          Appeal No. 2004-1230                                                        
          Application No. 09/925,232                                                  


          said cap by frangible bridges, said tamper-indicating ring                  
          including a plurality of tabs hingedly interconnected to an inner           
          surface of said ring, said tabs serving to sever said bridges as            
          said cap is removed, the improvement comprising:  said tabs being           
          of substantially equal width along the periphery of said ring,              
          and being separated from each other by spaces at least equal to             
          the width of said tabs; said ring having first and second                   
          vertically-oriented scores to enable splitting of said ring, said           
          scores being spaced from each other by a distance at least equal            
          to the width of said tabs.                                                  
               The examiner relies upon the following reference as evidence           
          of obviousness:                                                             
          Mori et al. (Mori)            4,565,295             Jan. 21, 1986           
               Appellant's claimed invention is directed to a tamper-                 
          indicating threaded closure of the type used to seal a container.           
          The closure includes a threaded cap and a tamper-indicating ring.           
          The ring splits at at least one point on its periphery when the             
          closure is removed from the container.  The ring also includes a            
          plurality of tabs which engage corresponding beads on the                   
          container, and the ring is interconnected to the threaded cap by            
          frangible bridges that are severed when the cap is removed.                 
          Appellant's asserted improvement over this admittedly known                 
          tamper-indicating threaded closure is positioning first and                 
          second vertically-oriented scores on the ring, which enable the             
          splitting of the ring, such that the distance between the scores            
          is at least equal to the width of the tabs.                                 

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