Appeal 2007-2873
Application 09/800,793
9. A plastic closure capable of preventing leakage between
a closure sealing surface having part line flash or surface
mismatch thereon and a gasket, said plastic closure comprising:
a cap portion;
an annular sealing surface extending below said cap
portion and having part line flash or surface mismatch thereon;
and
at least one annular sealing band extending radially
outwardly from said annular sealing surface and through at least
a portion of said part line flash or surface mismatch, so that said
at least one sealing band engages the gasket so at [sic, as] to
prevent leakage between said part line flash or surface
mismatch and said gasket.
THE REFERENCE
Williams US 1,842,226 Jan. 19, 1932
THE REJECTION
Claims 3-14 stand rejected under 35 U.S.C. § 103 as being
unpatentable over the Appellants’ admitted prior art in view of Williams.1
OPINION
We affirm the aforementioned rejection.
1 The Examiner also relies upon US 5,320,236 to Gregory (Ans. 5). Because
that reference is not included in the statement of the rejection it is not
properly before us. See In re Hoch, 428 F.2d 1341, 1342 n.3, 166 USPQ
406, 407 n.3 (CCPA 1970). Accordingly, we do not further address
Gregory.
2
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