Ex Parte Lagler - Page 2

                Appeal 2007-0672                                                                               
                Application 10/399,702                                                                         


                      Claim 11 under appeal reads as follows:                                                  
                      11. A closure for a package of potable beverages having an opening                       
                      with a neck rim, said closure having a closure body made of a first                      
                      plastic material and a sealing element having a deformable collar                        
                      made of second flexible plastic material protruding radially inwardly                    
                      to be releasably engaged with the neck rim of the opening, said collar                   
                      having a pressure surface exposed to inner pressure, said collar in a                    
                      closed position responding to the inner pressure by deforming in a                       
                      manner such that said collar becomes increasingly supported on the                       
                      neck rim and sealingly closes the opening.                                               
                      The Examiner rejected claims 11 to 35 under 35 U.S.C. § 112,                             
                second paragraph.                                                                              
                      The Examiner rejected claims 11 to 21 and 24 to 35 under 35 U.S.C.                       
                § 102(b) as anticipated by Theis.                                                              
                      The Examiner rejected claims 11, 12, and 35 under U.S.C. § 102(b) as                     
                anticipated by Roeder.                                                                         
                      The Examiner rejected claims 11 to 13, 16, 18, 20, 21, and 23 under                      
                35 U.S.C. § 103(a) over Krueger.                                                               
                      The Examiner rejected claims 11, 12, 22, 23, and 35 under 35 U.S.C.                      
                § 103 over Roeder.                                                                             
                      The Examiner rejected claims 11 to 18, 20, 21, 23 to 30, 33, and 35                      
                under 35 U.S.C. § 103 over Glover in view of Roeder.                                           
                      The prior art relied upon by the Examiner in rejecting the claims on                     
                appeal is:                                                                                     
                Roeder                     US 2,324,648              Jul. 20, 1943                             
                Krueger                    US 2,582,489              Jan. 15, 1952                             


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