Appeal 2006-1531
Application 10/645,226
the cylindrical container opening. A screw thread and a ratchet-toothed ring
are required to be located proximal to the open container end. Also, claim 1
requires that the cap includes a circumferential skirt, a hinge, a frangible
strip and a flip-top. The inner portion of the cap skirt, as claimed, includes a
screw thread and a ratchet-toothed ring. The latter skirt components are
required to be arranged for engaging the aforementioned screw thread and
ratchet toothed ring of the container in a fashion such that when the cap is
threaded onto the container, via the mating screw threads, the ratchet-
toothed rings engage each other in a locking fashion. In this regard, claim 1
requires that the cap is engaged with the open end of the container in a fluid-
tight manner.
The Examiner acknowledges that Davis does not disclose several
features required by all of the rejected claims on appeal. In particular, the
Examiner acknowledges that Davis does not disclose a cylindrical container,
much less a cylindrical container with screw threads and a ratchet toothed
ring as claimed (Final Office Action 2-3).1 Nor has the Examiner
maintained that Davis teaches or suggests employing a cap skirt with an
inner portion thereof furnished with screw threads and having a ratchet
toothed ring as here claimed.
In this regard, we note that Davis is concerned with providing a
redesigned plastic container and closure assembly that addressed problems
with prior art captive cap closures designed for use with plastic containers.
Those problems include: (1) closure difficulties due to a prior art design of a
prong be caught at the mouth of the plastic container during closure
1 We note that the Examiner did not reproduce the statement of the rejection
in the Answer. See Manual Of Patent Examining Procedure § 1207.02.
4
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007