Appeal No. 2006-0445
Application 08/977,374
pages 6-7). Each of dependent claims 39, 42 and 44 specify that “first means comprises” at least
a radiant energy absorbing coating. In these claims, the other “first means” materials
encompassed by the language in view of the open-ended term “comprises,” must be
“corresponding structure,” that is, another radiant absorbing coating or tinted film in the
downward extending area.
We find that Heilman would have disclosed to one of ordinary skill in this art a piece of
transparent heat shrinkable film, which can be a piece of severable film in a roll, that covers the
open top of a container and extends downward around the upper rim of the container, wherein
heat is applied to the downward extending portion of the film so as to shrink the film around the
rim of the container (e.g., page 2, ll. 1-30, page 3, ll. 21-24, page 4, ll. 1-25, page 5, ll. 24-26,
and pages 9-10; FIGs. 6 and 6a). We further find that Heilman would have further disclosed to
this person that “the edges of the film [can be] exposed . . . to heat caused by . . . infrared heat . .
. supplied . . . directly to the film in conventional manner” (page 9, ll. 18-23). Thus, Heilman
would have taught one of ordinary skill in this art that the downward extending portion of the
shrinkable film can be heated and thus, shrunk around the rim of the container by infrared
radiant energy supplied directly to the film in conventional manner.5
We find that Amberg would have disclosed to one of ordinary skill in this art that closure
11 for open top container 12 has an annular shirt 15 of heat shrinkable material extending
downward over the rim of container 12 which upon the application heat, is shrunk around the rim
(e.g., col. 2, l. 61, to col. 4, l. 44, and col. 5, ll. 3-29; FIGs. 1 and 4). Amberg would have further
disclosed to this person that where the “skirts [15 are] formed of a material opaque to infra-red
radiation, the shrinkage thereof can be effected very expeditiously by infra-red means 19, shown
as comprising an infra-red electrical bulb 21 . . . directed toward the closure skirt [15]” (e.g., col.
4, l. 44, to col. 5, l. 2; FIG. 1).
Anderson would have disclosed to one of ordinary skill in this art that heat can be
5 It is well settled that a reference stands for all of the specific teachings thereof as well as the
inferences one of ordinary skill in this art would have reasonably been expected to draw
therefrom, see In re Fritch, 972 F.2d 1260, 1264-65, 23 USPQ2d 1780, 1782-83 (Fed. Cir.
1992); In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968), presuming skill on
the part of this person. In re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir. 1985).
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