Ex Parte Dart et al - Page 12


                Appeal 2007-1325                                                                              
                Application 10/065,722                                                                        
           1                                      Claim 89                                                    
           2          A disposable, recloseable lid [ Figs. 1-2 10] comprising:                               
           3                 a cap [Figs. 1-2 12] sized to overlie and substantially cover the                
           4          open top [not shown] of a cup [not shown], the cap [Figs. 1-2 12]                       
           5          comprising a mounting recess [Fig. 2 46] and a drink opening                            
           6          [Fig. 2 96];                                                                            
           7                 a mounting ring [Figs. 1-2 20] connected to the cap                              
           8          [Figs. 1-2 12] for mounting the cap to a cup;                                           
           9                 a tab closure [Fig. 2 14] comprising                                             
          10                       a mounting plug [Fig. 2 50] and a drink plug [Fig. 2 54]                   
          11          connected by a strap Fig. 2 52], the mounting plug [Fig. 2 50] is sized                 
          12          to be received within the mounting recess [Fig. 2 46] to mount the tap                  
          13          closure [Fig. 2 14] to the cap Figs. 1-2 12], and the drink plug                        
          14          [Fig. 2 54] is sized to be received within the drink opening [Fig. 2 96];               
          15                 a drink plug holder [Fig. 2 48] for holding the drink plug                       
          16          [Fig. 2 54] in a stored position when the lid is in the open position;                  
          17          and                                                                                     
          18                 the cap [Fig. 2 12] and tab closure [Fig. 2 14] are thermoformed                 
          19          from a common plastic sheet5 wherein an easy to assemble                                

                                                                                                             
                5   The phrase "plastic sheet" appears in the specification.  Specification 4                 
                ¶ 0012.   In so far as we can tell, the phrase "common plastic sheet" does not                
                appear in the specification.  However, the phrase "same plastic sheet"                        
                appears in original claim 2.  We assume that "same" and "common" mean                         
                the same thing.  However, in context both "same" and "common" have at                         
                least two meanings:  (1) the cap and tab closure are made from a single sheet                 
                of plastic or (2) the cap and tab closure are made from the same plastic, but                 
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