Appeal 2007-0020
Application 10/680,510
THE INVENTION
The Appellants claim a molded plastic container comprising an anti-rotation
neck flange having a plurality of substantially straight surfaces. Claim 28 is
illustrative:
28. A molded plastic container comprising an upper mouth-forming portion,
a lower base-forming portion and a substantially cylindrical sidewall portion
extending between said upper mouth-forming portion and said lower base portion,
said upper mouth-forming portion including a neck having at least one thread to
secure a cap to said upper mouth forming portion and a non-circular anti-rotation
flange to at least partially inhibit full rotation of said container as the cap is
inserted on said container, said non-circular anti-rotation flange including an outer
peripheral edge at least partially formed of a plurality of substantially straight
surfaces totaling an odd number, said straight surfaces symmetrically oriented
about said non-circular anti-rotation flange.
THE REFERENCES
Du Pree US Des. 192,942 May 29, 1962
Tuchii (as translated) JP 61-093093 May 12, 1985
Collette US 4,755,404 Jul. 5, 1988
Nagata (as translated) JP 06-247432 Sep. 6, 1994
Akiyama US 6,752,284 B1 Jun. 22, 2004
THE REJECTIONS
The claims stand rejected as follows: claims 28-42, 52, 59, 74-76 and 79-84
under 35 U.S.C. § 112, second paragraph; claims 28-42, 51-65, 74-76 and 79-84
under 35 U.S.C. § 103 over Collette in view of Du Pree, JP ‘432 or Akiyama;
claims 28-37, 42, 51-60, 65 and 74-76 under 35 U.S.C. § 103 over JP ‘093 in view
of Du Pree or JP ‘432; and claims 38-41, 61-64 and 82-84 under 35 U.S.C. § 103
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