Appeal No. 2005-1904
Application No. 10/041,075
external cap made from ceramic. It is appellant's contention
that the bottle and cap of Staples is made of glass, not the
claimed ceramic. However, the examiner has submitted dictionary
definitions which establish that one of ordinary skill in the art
would consider glass a ceramic. For example, The Condensed
Chemical Dictionary (8th ed., Litton Educational Publishings,
Inc. 1971) states "[t]he chief major groups of the ceramics
industry are as follows . . . (3) Glass products of all types."
Significantly, appellant has not refuted the definitions provided
by the examiner and we note, in particular, that appellant has
not submitted a Reply Brief in response to the analysis set forth
in the Examiner's Answer which demonstrates that glass is a
ceramic. Consequently, the examiner's position stands
unrebutted.
As a final point, we note that appellant bases no argument
upon objective evidence of nonobviousness, such as unexpected
results, which would serve to rebut the inference of obviousness
established by the examiner.
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