Appeal 2007-1112
Application 10/692,116
can resulting from the elevated sterilization temperatures must be
withstood by the container.” (Luttmann at 1:29-33).
21. Luttmann notes that “[t]he connection between the lid body and
the can body, in particular, constitutes a weak point in the case of
such easy open systems.” (Luttmann at 1:33-35).
22. In a preferred embodiment of the invention, the inside of the can
is coated with a copolymer of polypropylene and polyethylene.
(Luttmann at 4:3-7). While Luttmann uses the language
copolymer of polypropylene and polyethylene, what Luttmann
probably means is a copolymer of propylene and ethylene, the
monomers used to make the described copolymer. For
consistency, we will use Luttmann's language in this opinion,
understanding Luttmann to be describing a copolymer of propylene
and ethylene.
23. According to Luttmann this coating “undergoes deformation and
consequently forms a sealing closure of the container interior
[which is] particularly advantageous on sterilizing the filled sealed
can, so as to ensure that during sterilization the can is not made to
leak due to the pressure occurring in the interior thereof.”
(Luttmann at 4:8-14).
III. Issue
1. Whether Caudill has shown that the Examiner’s rejection of claims 1,
2, 6-9, and 14-16 under 35 U.S.C. §103(a) as being unpatentable over
Haldenby in view of Seal et al. is in error based on an improper combination
of the teachings of the references?
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: September 9, 2013