Appeal Number: 2006-1706
Application Number: 10/216,111
8. A one-piece, polymer overcap for a tubular composite
container having at least one flexible end closure attached
to an end thereof and being of a type in which products can be
vacuum packaged, the one-piece, polymer overcap comprising:
a base portion having inner and outer surfaces and
defining an outer perimeter;
a skirt extending circumferentially about said outer
perimeter of said base portion; and
a bias member extending away from said inner surface of
said base portion, said bias member being adapted for biasing
the at least one flexible end closure towards the products
before a vacuum is applied.
THE REFERENCE
Beery 1,654,914 Jan. 3, 1928
THE REJECTION
Claims 8-14, 23 and 24 stand rejected under 35 U.S.C. § 103
as being unpatentable over Beery.
OPINION
We affirm the aforementioned rejection.
The appellants state that the claims stand or fall together
(brief, page 4). We therefore limit our discussion to one
claim, i.e., claim 8. See 37 CFR 41.37(c)(1)(vii)(2004).
Beery discloses a jar having a screw cap (27) that forces a
presser member (1) downwardly to push solid food products below
fluid in the jar to prevent molding of the food products
(page 1, lines 1-8 and 78-86).
The appellants argue that Beery’s screw cap is made of
metal and that the piece that extends downwardly in the center
2
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