Appeal 2005-0801
Application 09/848,628
which attaches hood (21) and lid (5), and that opposite the L-
shaped retainer is a lid lip or catch (10) for releasably retaining
the hood to the lid. Assuming for the moment that the lid 20 is
analogous to the hood of the claims and has an L shaped
retainer, Figure 5 [of Kuelmichel] shows that “hood 20”
never touches “lid (5)” and therefor cannot attach thereto.
(Res. to first action 6)
49. On June 24, 1998, the examiner entered a Final Office
action (the final action).
50. New independent claim 21 was indicated as allowable
(Final action 3).
51. Dependent claims 3, 7-10, and 13 were objected to as
being dependent on a rejected base claim, but would be allowable if
rewritten in independent form including all of the limitations of the base
claim and any intervening claims (Final action 3).
52. With respect to dependent claims 3, 7-10, and 13, the
Examiner stated:
The L shaped retainer member to hold the hood to its abutment
surface could not be found in the available prior art. (Final action 3).
53. Amended claims 1 and 4-5, and originally filed claims
11, 12, and 14-20 were rejected under 35 U.S.C. § 103 as being unpatentable
over the following prior art (Final action 2-3):
(1) Schafer et al. (Schafer), U.S. Patent 5,031,796 in
view of
(2) Martin, Jr., (Martin) U.S. Patent 4,127,216.
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