Appeal No. 2000-0574
Application No. 08/876,321
claims 6 and 11 which depend from claim 5, as being
anticipated by Porch.
The examiner has rejected claims 12 and 13, which depend
from claim 5 and include further limitations with respect to
the material of the base, side and end members and the lid,
under 35 U.S.C. § 103(a) as being unpatentable over Porch.
Even accepting the examiner's position that it would have been
obvious to use the materials recited in claims 12 and 13 for
the panels of the Porch shipping container, Porch provides no
teaching or suggestion to mount the side members (sides 24,
26) on the lid assembly (top panel 20 with frame members 32,
34, 36, 38 mounted thereto as shown in Figure 1), as required
by independent claim 5 and hence by claims 12 and 13 which
depend from claim 5. It follows then that we shall also not
sustain the examiner's rejection of claims 12 and 13 as being
unpatentable over Porch.
For the reasons which follow, we shall sustain the
examiner's rejection of claim 14 as being anticipated by
Porch.
Porch discloses a collapsible stackable container, which
is capable of being used as a casket, comprising a rectangular
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