Appeal No. 2004-1230
Application No. 09/925,232
interconnected to the cap by frangible bridges and contains tabs
which engage the container which serve to sever the frangible
bridges when the cap is removed. Appellant also acknowledges
that the ring of Mori has first and second vertically-oriented
scores which enable splitting of the ring during removal of the
closure.
It is appellant's principal contention that the scores, or
breaking lines 32, of Mori are positioned adjacent each other in
spaced relation smaller than the circumferential width of the
base edge of the tabs. Appellant contends that:
He provides first and second vertically-oriented scores
for splitting the ring, as does Mori, but the scores
are spaced from each other a distance at least equal to
the width of the tabs, thus providing a permanent
bridge of greater arcuate length, reducing the
necessity of performing as many horizontally-oriented
slits which form the remaining severable bridges
[page 5 of Brief, first complete sentence].
We agree with the examiner that appellant's argument is not
supported by the Mori disclosure. In particular, we concur with
the following analysis given by the examiner at page 3 of the
Answer, penultimate paragraph:
As seen in figure 2 of Mori, the tabs 26 have a
width W and are spaced apart by a distance representing
the pitch P of the tabs which is at least equal to the
width of the tabs since P is greater than W. Further,
the vertically oriented first and second scores 32 are
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