Appeal 2007-0020
Application 10/680,510
using a flange having straight sides on Collette’s bottle would have been to provide
the needed improved gripping of the flange during the capping process.
The Appellants argue that the secondary references disclose flanges having
an even number of sides, and the Appellants repeat their argument that a flange at
least partially formed of a plurality of straight surfaces totaling an odd number
cannot have an even number of straight surfaces (Reply Br. 9-11). Those
arguments are not persuasive for the reasons given above regarding the rejections
over Collette in view of Du Pree and JP ‘432.
We therefore are not convinced of reversible error in the rejection of
claims 28-35, 38-42, 74-76, 79 and 80 over Collette in view of Akiyama.
Claims 36, 37, 51-65 and 81-84
The Examiner’s arguments as to why Collette and Akiyama would have
rendered obvious to one of ordinary skill in the art a flange having a heptagonal
shape or an apex diametrically opposed from a center of a substantially straight
surface are the same as those set forth with respect to the rejection over Collette in
view of Du Pree (Answer 5-6) and are not persuasive for the reasons given above
regarding that rejection. Hence, the Examiner has not established a prima facie
case of obviousness over Collette in view of Akiyama of the inventions claimed in
the Appellants’ claims 36, 37, 51-65 and 81-84.
Rejections over JP ‘093 in view of Du Pree or JP ‘432
JP ‘093 discloses a molded plastic bottle with a capping-load support
flange (9) having notches (13) around part of its perimeter to prevent rotation of
the bottle during capping (p. 11; fig. 2-B).
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