Ex Parte Johnson - Page 2




          Appeal No. 2003-0221                                                        
          Application 09/670,929                                                      


          Appellant’s invention relates to a container for holding and                
          storing rolls of wrapping paper (claim 1) and a method of storing           
          and holding individual rolls of wrapping paper (claim 12).                  
          Independent claims 1 and 12 are representative of the subject               
          matter on appeal and a copy of those claims, as reproduced from             
          the Appendix to appellant’s brief, is attached to this decision.            


          The prior art references of record relied upon by the                       
          examiner in rejecting the appealed claims are:                              
          Schuster                           4,941,624      July 17, 1990             
          Teasdale                           4,969,595      Nov. 13, 1990             
          Marquez et al. (Marquez)           6,123,197      Sep. 26, 2000             


          Claims 1 through 3 and 7 stand rejected under 35 U.S.C.                     
          § 102(b) as being anticipated by Teasdale.                                  


          Claims 1 and 15 stand rejected under 35 U.S.C. § 102(b) as                  
          being anticipated by Schuster.                                              


          Claim 4 through 6 stand rejected under 35 U.S.C. § 103(a) as                
          being unpatentable over Teasdale in view of Official Notice.                


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