Ex Parte Lagler - Page 6

                Appeal 2007-0672                                                                               
                Application 10/399,702                                                                         

                (Figure. 1).  The collar is composed of a flexible material of a certain                       
                undisclosed shore hardness.                                                                    
                      The gasket 25 releasably engages the opening in the container and                        
                deforms and moves outwardly when exposed to pressure in the container so                       
                as be increasingly supported on the rim of the opening (Page 2, ll. 9 to 11).                  
                      Kruegar discloses a closure 12 having a closure body that includes a                     
                sealing element 19 having a deformable collar (col. 3, ll. 34 to 44).  The                     
                sealing element 19 flexes so as to protrude inwardly in the vertical direction                 
                (col. 3, ll. 19 to 22) and is capable of releasingly closing a container.  The                 
                sealing element 19 also includes two portions or legs that protrude from the                   
                rim of the container radially inwardly (Figure 2).  The sealing element 19                     
                includes several surfaces that are capable of being exposed to pressure                        
                within a container.                                                                            
                      The collar 20 engages the neck rim of an opening in container 10                         
                when the container is closed (Figure 2).  As pressure builds up in the                         
                container the deformable collar is forced downwardly and thereby the collar                    
                is increasingly supported on the neck rim and sealingly closes the opening                     
                (col. 3, ll. 34 to 49).                                                                        
                      Appellant has not contested the Examiner’s holding that it would have                    
                been obvious to a person of ordinary skill in the art at the time of the                       
                invention to form the closure body of Krueger of any desired plastic material                  
                on the basis of its suitability for the intended use as a matter of obvious                    
                design choice.                                                                                 
                      Glover discloses a closure having a flexible strap 20 that connects an                   
                upper portion of the closure with a lower portion of the closure so that the                   


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