Appeal 2007-0368
Application 10/178,127
2004). In that amendment the only statement provided by the Appellants as to
written descriptive support for those limitations is: “This is supported by Figure 2
of the present application” (p. 7). In the “Summary of Claimed Subject Matter”
section of the Brief the Appellants do not point to written descriptive support for
the above-cited limitation in claim 1 and, regarding the above-cited limitation in
claim 12, the Appellants merely refer to Figures 1 and 2 (Br. 3-4).
It is not apparent where the Appellants’ Figures 1 and 2 show a loop “offset
from an interior of said top of said reclosable container” as required by claim 1 or
“offset from said top of said reclosable container” as required by claim 12.
Figure 1 shows the uppermost part of the illustrated “perforated cap and related
structure” (Spec. 2:20-21) as being the loop (22). There does not appear to be any
top or top interior from which the loop is offset. Figure 2 shows the loop (22) and
the top (111), but the top appears to be the top of the loop. The loop does not
appear to be offset from the top or the top’s interior. Thus, the meaning of the
above-cited claim limitations is not clear in view of Figures 1 and 2 relied upon by
the Appellants.
The Appellants do not point out, and it is not apparent, where the
Appellants’ Specification indicates what is meant by “offset from an interior of
said top of said reclosable container” or “offset from said top of said reclosable
container.”
Moreover, the Appellants’ claim 12 recites: “said loop intended to be
between said profile members and an interior of a top of a reclosable container”.
Because the loop is merely “intended to be between”, it is not clear whether that
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