Appeal No. 2005-1957
Application No. 10/000,976
According to appellants, the invention is directed to an
apparatus and method for opening sealed container packaging such
that a container located within the sealed container packaging
may be at least partially removed without commencing removal of a
container sealing strip (Brief, page 2). Representative
independent claim 1 is reproduced below:
1. In a container with removable a [sic] seal, an
apparatus for removing the seal, the apparatus
comprising:
a) container packaging, with a removal end and a closed
end, conformed to receive and removably retain said
container;
b) said seal having a front end and a rear end;
c) a connector connecting said seal and said container
packaging; and
d) a connector extension attached to said connector and to
said seal wherein said connector is connected to said
container packaging and said connector extension is
connected to said front end of said seal wherein said
connector extension is of a length such that said
container may be partially removed from said removal
end of said container packaging without removing said
seal.
Claims 1, 6, 10 and 15 stand rejected under 35 U.S.C.
§ 102(b) as anticipated by Uchida et al. (Uchida), U.S. Patent
No. 5,239,805, issued Aug. 31, 1993, the sole evidence of
unpatentability relied upon by the examiner (Answer, page 3,
2
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