Appeal No. 2004-1230
Application No. 09/925,232
Appealed claims 7-9 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Mori.
Appellant submits at page 3 of the Brief that "[f]or
purposes of the present appeal, all claims stand or fall
together." Accordingly, although appellant includes separate
arguments for claims 8 and 9 at page 6 of the Brief, all the
appealed claims stand or fall together with claim 7, and we will
limit our consideration of this appeal accordingly.
We have thoroughly reviewed each of appellant's arguments
for patentability. However, we are in complete agreement with
the examiner that the claimed subject matter would have been
obvious to one of ordinary skill in the art within the meaning of
§ 103 in view of the applied prior art. Accordingly, we will
sustain the examiner's rejection for essentially those reasons
expressed in the Answer.
Appellant does not dispute the examiner's factual
determination that Mori discloses a tamper-indicating threaded
closure comprising the presently claimed threaded cap and tamper-
indicating ring which splits at at least one point on the
periphery of the ring when the closure is removed from the
container. Also, like appellant's closure, the ring of Mori is
-3-
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