Ex Parte Hathaway et al - Page 6


                 Appeal 2007-2873                                                                                      
                 Application 09/800,793                                                                                

                 have had a reasonable expectation that the pressing of  Williams’ annular                             
                 bead into the gasket of the admitted prior art closure in the vicinity of the                         
                 parting line flash or mismatch would overcome the potential for leakage                               
                 caused by the parting line flash or mismatch.  Consequently, the use of                               
                 Williams’ annular bead in the admitted prior art closure would have been                              
                 prima facie obvious to one of ordinary skill in the art.  See In re O’Farrell,                        
                 853 F.2d 894, 904, 7 USPQ2d 1673, 1681 (Fed. Cir. 1988) (“For                                         
                 obviousness under § 103, all that is required is a reasonable expectation of                          
                 success.”).                                                                                           
                        For the above reasons we are not convinced of reversible error in the                          
                 Examiner’s rejection.                                                                                 
                                                     DECISION                                                          
                        The rejection of claims 3-14 under 35 U.S.C. § 103 over the                                    
                 Appellants’ admitted prior art in view of Williams is affirmed.                                       

                                                    AFFIRMED                                                           


                                                                                                                      
                 vsh                                                                                                   

                 WOODARD, EMHARDT, MORIARTY,                                                                           
                 MCNETT & HENRY, LLP                                                                                   
                 111 MONUMENT CIRCLE, SUITE 3700                                                                       
                 INDIANAPOLIS IN 46204-5137                                                                            


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