Appeal 2007-1325
Application 10/065,722
1 a mounting ring [Fig. 1 20] connected to the cap 12 below the
2 upper surface 40 and for mounting the cap 12 to a cup [not shown];
3 and
4 a tab closure [Fig. 2 40] comprising
5 a mounting plug [Fig. 2 50] and
6 a drink plug [Fig. 2 54]
7 connected by a strap [Fig. 2 52],
8 the mounting plug [Fig. 2 50] sized to be received within the
9 mounting recess [Fig. 2 46], and
10 the drink plug [Fig. 2 54] sized to be received within the drink
11 opening [Fig. 2 96] where the user can open and close the lid by
12 removing or inserting the drink plug from the drink opening;
13 wherein the mounting recess [Fig. 2 46] has a bottom wall
14 [Fig. 2 64] and the mounting plug has a bottom wall [Fig. 2 130],
15 which is spaced above the mounting recess bottom wall [Fig. 2 64]
16 when the mounting plug is received within the mounting recess
17 [Fig. 2 46] to define a chamber [Fig. 6A area between mounting plug
18 bottom wall 130 and mounting recess bottom wall 463] therebetween.
19 Claim 88
20 A disposable, recloseable lid [Figs. 1-2 10] comprising:
3 Insofar as we can tell, the claim language "to define a chamber
therebetween" has no direct antecedent basis in the descriptive portion of the
specification. However, see original claim 40. According to Dart, the
quoted limitation is supported in the specification at page 9, ¶ 0053,
lines 8-10 and Figure 6 [sic—Figure 6A]. Appeal Brief 3. Later in the
opinion we reject claim 84 as being indefinite.
10
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