Appeal 2007-1325
Application 10/065,722
1 recess, and each tab closure having a drink plug resealably connected to a
2 drink opening in the cap.
3 The only differences between these prior art references and the
4 invention claimed by Dart are: (1) in Waterbury, lid 11 is made integrally
5 with the container 10 rather than being a separate piece, and (2) the lids in
6 Muller and Aichert are constructed so as to be reusable and are not
7 disposable per se, as the claims recite.
8 However, from De Mars and Lane one skilled in the art would have
9 appreciated that at the time of the invention it was known to fabricate a
10 disposable lid for a foam plastic coffee cup with a drink plug connected to it
11 using an integrally formed strap. (FF. 18, 19, 20).
12 From Freek one skilled in the art also would have appreciated the fact
13 that a disposable coffee cup lid made from a thermoformed plastic sheet was
14 known at the time of the invention and had all the structure recited in claims
15 83, 88 and 89, except for a tab closure to connect the drink plug to the cap.
16 (FF. 1-7)
17 Connecting the drink plug to a disposable plastic lid using a strap was
18 known at the time of the invention as taught by DeMars and Lane.
19 Thus, the knowledge of a person with ordinary skill in the art included
20 the know-how of making plug and recess connections, and resealable drink
21 openings using interlocking plugs (FF. 21) as further evidenced by Mueller
22 and Aichert, and Waterbury.
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