Appeal 2007-0020
Application 10/680,510
edge of the flange is at least partially formed of a plurality of substantially straight
surfaces totaling an odd number. The Appellants state that the Examiner’s point is
unclear (Reply Br. 13-14). Why the Examiner’s point would be considered unclear
is not apparent. Du Pree’s flange having ten straight surfaces (fig. 3) is partially
formed of any 3, 5, 7 or 9 of the straight surfaces, any of which totals an odd
number.
The Appellants argue that the Appellants’ figures 6A and 6B indicate that
“outer peripheral edge at least partially formed of a plurality of substantially
straight surfaces totaling an odd number” means that the outer peripheral edge is at
least partially formed of substantially straight surfaces, the total number of
substantially straight surfaces on the outer peripheral edge being an odd number,
and does not mean that the outer peripheral edge is at least partially formed of an
odd number of substantially straight surfaces (Reply Br. 10-11). Both of the
Appellants’ figures 6A and 6B support the interpretation of “outer peripheral edge
at least partially formed of a plurality of substantially straight surfaces totaling an
odd number” as meaning that at least a portion of the substantially straight surfaces
(any 3, 5 or 7 substantially straight surfaces in figures 6A and 6B) totals an odd
number.
We therefore are not convinced of reversible error in the Examiner’s
rejection of claims 28-35, 38-42, 74-76, 79, 80 over Collette in view of Du Pree.
Claims 36, 37 and 81-84
The Appellants argue that Du Pree does not disclose a flange outer perimeter
in the shape of a heptagon (Br. 20). The Examiner argues that it would have been
non-circular flange during the filling and capping process of the container is also
not supported by the art of record” (Reply Br. 8) is not well taken.
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: September 9, 2013