Ex Parte Schumacher - Page 3



          Appeal No. 2005-1904                                                        
          Application No. 10/041,075                                                  

          with the examiner's reasoned analysis and application of the                
          prior art, as well as his cogent disposition of the arguments               
          raised by appellant, we will adopt the examiner's reasoning as              
          our own in sustaining the rejection of record.  We add the                  
          following for emphasis only.                                                
               Appellant does not dispute the examiner's factual                      
          determination that Podel discloses a glass bottle having an                 
          imperforate crown cap secured to the opening of the bottle, and             
          an external metallic cap that screws onto the bottle over the               
          crown cap.  As recognized by the examiner, the external cap of              
          Podel is metallic, rather than ceramic, as presently claimed.               
          However, the examiner properly points out that Staples describes            
          the advantages of employing a glass cap in lieu of a metal cap.             
          In relevant part, Staples teaches that glass provides an                    
          advantage over metal in terms of cost, i.e., saving valuable                
          metal, while further obviating corrosion.  Accordingly, based on            
          the collective teachings of Podel and Staples, we agree with the            
          examiner that it would have been obvious for one of ordinary                
          skill in the art to replace the external metal cap of Podel with            
          an external ceramic cap for the advantages described in Staples.            
               The principal argument advanced by appellant is that the               
          combination of Podel and Staples does not result in a bottle and            
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