Appeal No. 2005-0987
Application No. 09/946,049
beverages” (specification, page 1). Representative claim 11
reads as follows:1
11. A packaging assembly, comprising:
a container having a threaded finish portion; and
a closure cap mounted on said threaded finish portion
of said container, said closure cap comprising an upper
portion and a generally cylindrical sidewall depending
downwardly from said upper portion, said cylindrical
sidewall defining a threaded inner surface that is mated
with said threaded finish portion, and wherein said
cylindrical sidewall further has an outer surface that is
stylized to resemble a conventional crown closure.
THE REJECTIONS
Claims 11, 13 through 20 and 22 through 28 stand rejected
under 35 U.S.C. § 102(b) as being anticipated by U.S. Patent No.
5,715,959 to Pfefferkorn et al. (Pfefferkorn).
Claim 12 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Pfefferkorn.
Attention is directed to the brief (filed September 13,
2004) and answer (mailed November 4, 2004) for the respective
positions of the appellant and examiner regarding the merits of
these rejections.
1 With regard to claims 19 and 28, the underlying
specification and drawings would seem to indicate that the
references in these claims to the “respective outer ends” should
instead be to the --respective lower ends--.
2
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