Appeal 2007-0891 Application 09/445,043 Appellants' invention relates to a closure for an open-ended container. Claim 1 is illustrative of the claimed invention and reads as follows: 1. A container assembly comprising a closure for an open-ended container, and an open-ended container, the container assembly comprising: (i) a flexible membrane for closing the open end of the container; (ii) an adhesive seal between the flexible membrane and the container; (iii) a rigid cap having a resiliently deformable member juxtaposed to the flexible membrane such that when the cap is in use, the flexible membrane is pressed against the container in the vicinity of the seal, thereby reinforcing the seal sufficiently to withstand high pressures which are generated from cooking the contents of the container; (iv) the rigid cap further having a first cam and follower pair, which when in use is engaged with a second cam and follower pair located on the container neck, relative movement between the first and second cam and follower pairs in a predetermined direction causes the rigid cap and the container neck to approach one another, thereby increasing the pressure exerted by the resiliently deformable member on the flexible membrane; and (v) the rigid cap further having a laminar member and an annular skirt, the skirt extending downwardly from the laminar member, and the second cam and follower pair is secured on an upper wall of the skirt, wherein the laminar member is spaced from the flexible membrane by a distance less than the maximum possible extension of the flexible membrane towards the laminar member.1 1 We note that nothing in claim 1 defines the maximum possible extension of the flexible membrane, such as the bursting point. As written, the last paragraph of claim 1 is internally inconsistent. When the laminar member is close enough that the flexible membrane will not burst, the laminar member defines the maximum possible extension of the flexible membrane. However, if it defines the maximum possible extension, how can it be 2Page: Previous 1 2 3 4 5 6 Next
Last modified: September 9, 2013