Ex Parte Lagler - Page 5

                Appeal 2007-0672                                                                               
                Application 10/399,702                                                                         

                (Specification p. 2).  Appellant does not disclose that this particular hardness               
                range produces unexpected results.                                                             
                      Claim 11 is directed to a closure having a closure body made of a first                  
                plastic material and a sealing element, having a deformable collar made of a                   
                second plastic material, and protruding radially inwardly.                                     
                      Claim 11 also recites that the sealing element has a pressure surface                    
                exposed to inner pressure.                                                                     
                      Theis discloses a closure 10 having a closure body made of a first                       
                plastic material (col. 3, ll. 52-53).  The closure 10 includes a sealing element               
                having a deformable collar 48 made of a second plastic material (col. 4, ll.                   
                44 to 46).  The sealing element or gasket 48 has an elongate member 70 that                    
                protrudes radially inwardly (Figure 7).                                                        
                      Gasket 48 is disposed of a rubber-like thermal plastic elastomer and is                  
                deformable.  Elongate member 78 is capable of releasingly engaging the rim                     
                58 of the container (Figure 7).  The elongate member 70 has a surface (the                     
                surface in Figure 7 that is labeled “70”) that is capable of being exposed to                  
                pressure within the container and were the surface exposed to pressure in an                   
                outward direction (in the direction of the arrow pointing the “70”) the                        
                elongate member 70 would deform in a manner such that the collar becomes                       
                increasingly supported on the neck rim of the container and sealingly closes                   
                the opening.                                                                                   
                      Roeder discloses closure 18 having a closure body that includes a                        
                sealing element having a deformable collar (page 2, ll. 3 to 12).  The collar                  
                has an annular gasket 25 with a portion that protrudes radially inwardly                       



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