Appeal No. 2005-1013
Application 09/767,155
As noted on page 1 of the specification, appellants’
invention relates to beverage cans for soft drinks, beer, juices
and the like with an easy open lid, wherein the lid includes a
score line with a particular relationship with the puncture point
and contact point resulting in the required lifting force being
reduced and thereby permitting a smaller pull-tab and a thinner
gauge metal to be used. Independent claim 1 is representative of
the subject matter on appeal and a copy of that claim may be
found in the Appendix filed January 27, 2005 (Paper No. 19).
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Perry 4,084,721 Apr. 18, 1978
Neiner 6,234,336 May 22, 2001
Claims 1 through 7 stand rejected under 35 U.S.C. § 112,
first paragraph, as failing to comply with the written
description requirement. In particular, the examiner considers
that the limitation of “said lid having a diameter less than the
cylindrical container” added to claim 1, lines 2-3, lacks any
support in the originally filed specification and claims.
2
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