Ex Parte Seidita - Page 3



          Appeal No. 2005-0987                                                        
          Application No. 09/946,049                                                  

                                     DISCUSSION                                       
               Pfefferkorn discloses a closure cap for containers, e.g.,              
          beverage containers, having mouths with external threads.  The              
          cap, which is made of plastic, comprises an upper base 1, a                 
          cylindrical wall 2 depending downwardly from the upper base, a              
          thread 13 on the inner surface of the cylindrical wall and a                
          plurality of axially extending ribs on the outer surface of the             
          cylindrical wall (see Figures 1 and 3).                                     
               As indicated above, independent claims 11 and 20 stand                 
          rejected under 35 U.S.C. § 102(b) as being anticipated by                   
          Pfefferkorn.  Anticipation, of course, is established only when a           
          single prior art reference discloses, expressly or under                    
          principles of inherency, each and every element of a claimed                
          invention.  RCA Corp. v. Applied Digital Data Sys., Inc., 730               
          F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984).  In other              
          words, there must be no difference between the claimed invention            
          and the reference disclosure, as viewed by a person of ordinary             
          skill in the field of the invention.  Scripps Clinic & Research             
          Found. v. Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001,              
          1010 (Fed. Cir. 1991).                                                      



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