In re Lobl

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the rejection by the Primary Examiner of claims 1, 2, 3, 4, and 7, the only claims remaining in appellant’s application, No. 169,228, for a patent on a container and closure therefor. Claims 1, 2, and 4 are typical of the appealed claims and read:

1. A container comprising a wall portion having a fill opening therein, a removable and replaceable closure for said opening, comprising a suction cup made of resilient flexible material having a convex side and a concave side, a relatively short…