Ex Parte Dart et al - Page 13


                Appeal 2007-1325                                                                              
                Application 10/065,722                                                                        
           1          recloseable lid [Figs. 1-2 10] is provided wherein the user can open                    
           2          and close the lid by removing or inserting the drink plug [Fig. 2 54]                   
           3          from the drink opening [Fig.2 96] while the tab closure remains                         
           4          mounted to the cap.                                                                     
           5                                      Prior art                                                   
           6                                        Freek                                                     















           7                                                                                                  
           8                         Freek Fig. 1—Freek drink cup cap                                         


                                                                                                             
                possibly different sheets of the same plastic.  Our concern is not relevant to                
                resolution of the § 103 issues on appeal since plastic caps have long been                    
                made by thermoforming plastics sheets and it would not make any difference                    
                whether a cap and a tab are made from the same sheet or from different                        
                sheets of the same plastic.  Nevertheless, Dart may wish to clarify the                       
                meaning of its claim should it elect to further prosecution of the application.               
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