Appeal 2007-1325
Application 10/065,722
1 1. With reference to Fig. 1, Freek describes a lid 10 with drink
2 opening 20 that is designed to be mounted to a cup 12 [not shown in Fig. 1,
3 but see Fig. 5]. col. 3:39-40.
4 2. The lid 10 can be made by thermoforming a plastic sheet material.
5 col. 1:65 through col. 2:3 and col. 6:53-56.
6 3. Drink opening 20 as illustrated in Fig. 1 is merely an opening in lid
7 10. The drink opening may include a cover or plug [not shown] which may
8 be readily removed by the consumer prior to consumption of the contents of
9 the cup. col. 3:61-65.
10 4. The use of plugs in plastic lid openings was known long prior to
11 Freek. See, e.g., DeMars, Figs. 1-2.
12 5. Lid 10 has a top surface 44 having what Freek describes as a
13 conical configuration. col. 5:12-15.
14 6. Mounting ring 34 forming part of the lid below the top surface is
15 used to mount the lid to a cup. col. 4:12-19.
16 7. As noted by the Examiner, the principal difference between Freek
17 and the claimed subject matter is that Freek "is silent regarding the specifics
18 of the plug" which optionally may be used with the Freek lid. Examiner's
19 Answer 4, third full paragraph.
14
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Last modified: September 9, 2013