Ex Parte BAIRD-SMITH et al - Page 2

                 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                                  

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