Appeal No. 1997-1878
Application 08/372,532
because these panels are at each end of the series of panels
1, 6, 7, 24, 25 of which the sleeve is constituted, and are
adhered together to form the sleeve. We do not consider this
position to be well taken, because in the first place, the
claim requires a sleeve, and the Holley carrier does not
become a sleeve, i.e., a tubular packaging or cover, until 5
panels 42, 43 are adhered together and the carrier takes the
form shown in Fig. 2. That being the case, panels 42, 43 are
not end closures for each end of the sleeve, as required by
claim 1, but rather they are part of the side wall of the
sleeve itself. We find no teaching in Holley, or in either of
Stout or Skillen, which would suggest placing hand-hole
apertures and at least one score line as defined in claim 1 in
the end closure flaps of Holley, as for example, in flaps 3,
55, etc. Absent any such teaching or suggestion, the
rejections of claims 1, 2, 4, 5 and 8 cannot be sustained.
5 See the definition of “sleeve” in footnote 4, supra.
4
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