Appeal No. 2000-1789 Page 15
Application No. 08/699,572
(1991) and In re Beattie, 974 F.2d 1309, 1312, 24 USPQ2d 1040, 1042 (Fed. Cir.
1992). In this case, there is ample motivation in the above-noted teachings of
Giacovas for a person of ordinary skill in the art at the time the invention was made to
have replaced all the cohesive material on Kaplan's blank with adhesive tape covered
by release strips. In that regard, the advantages taught by Giacovas (column 1, line
15, to column 2, line 17) include (1) that the carton can be fabricated at high speeds
and the flat folded cartons can be immediately stacked for storage and shipment
without drying the adhesive coatings (Kaplan's cohesive coatings require drying prior to
be stacked); and (2) eliminating the need for mating adhesive areas (Kaplan's cohesive
coatings require mating areas).
For the reasons set forth above, the decision of the examiner to reject claim 16
under 35 U.S.C. § 103 is affirmed.
CONCLUSION
To summarize, the decision of the examiner to reject claims 1, 4 to 15, 17 and 18
under 35 U.S.C. § 103 is reversed and the decision of the examiner to reject claim 16
under 35 U.S.C. § 103 is affirmed.
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