Appeal No. 2004-1230
Application No. 09/925,232
spaced apart by a distance D. The distance D between
the two vertically oriented scores on the ring is at
least equal to the width of the tabs. Reading at
column 6, lines 47-56 and applying the mathematical
equation therein, the vertically oriented first and
second scores are spaced apart by a distance at least
equal to the width of the tabs.
We note that appellant has not refuted the examiner's analysis
and we are at a loss to understand appellant's argument that the
distance between score lines 32 of Mori is at least equal to the
width of the reference tabs, as required by claim 7 on appeal.
The formula given at column 6 of Mori clearly requires that the
distance between scores 32 (D) be greater than the width of the
tabs 26 (W). Indeed, it would appear that the tamper-indicating
threaded closure of claim 7 is described by Mori within the
meaning 35 U.S.C. § 102.
As a final point, we note that appellant bases no argument
upon objective evidence of nonobviousness, such as unexpected
results.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is affirmed.
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