Appeal 2006-3068
Application 10/721,299
1. A food packaging closure apparatus comprising:
a tubular body having a length with opposite first and second ends, the
second end of the tubular body having means for attaching the body second end to
packaging of a food product; and,
a lid that is removably attachable to the first end of the tubular body.
14. A method of preserving a food product in food packaging that has a
food packaging opening, the method comprising:
providing a tubular body that has a length with opposite first and second
ends;
positioning the second end of the tubular body on the food product so that
the tubular body extends around the food packaging opening;
providing a lid that is removably attachable to the first end of the tubular
body; and
removably attaching the lid to the first end of the tubular body.
THE REFERENCE
Peebles US 5,964,365 Oct. 12, 1999
THE REJECTIONS
The claims stand rejected as follows: claims 1-5, 7-9, 11-14, 16-18 and 20
under 35 U.S.C. § 102(b) as anticipated by Peebles; claims 6 and 15 under
35 U.S.C. § 103 as obvious over Peebles; and claims 10 and 19 under
35 U.S.C. § 103 as obvious over Peebles in view of the Appellant’s admitted prior
art.
OPINION
We affirm the aforementioned rejections.
We limit our discussion to the claims separately argued by the Appellant,
i.e., claims 1, 6-8, 14 and 15 (Br. 5-8).1 See 37 C.F.R. § 41.37(c)(1)(vii)(2004).
1 The Appellant mentions claims 2 and 16 but does not provide a substantive
argument as to their separate patentability (Br. 7-8).
2
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