Ex Parte KORMANIK - Page 2


              Appeal No. 2006-1451                                                                                      
              Application No. 08/802,472                                                                                


                                                   BACKGROUND                                                           
                     The appellant's invention relates to a method for making a thematic package and                    
              marketing it with an enclosed article visually suggested by the package.  An                              
              understanding of the invention can be derived from a reading of exemplary claim 5,                        
              which is reproduced below.                                                                                

                     5.  A method for making a combination of a thematic package and an                                 
              article contained in the package for combined marketing, the method including                             
              the steps of:                                                                                             
                     constructing the package as a replica of a recognizable icon, the package                          
              having a shape that is different than any shape to be contained therein,                                  
                     the shape of the package visually suggestive of an activity associated with                        
              the icon in which the article is used during the activity, after removal from the                         
              package,                                                                                                  
                     the package having a hollow interior;                                                              
                     locating the article within the hollow interior of the package to form the                         
              combination of the article and the thematically-shaped package; and                                       
                     marketing the combination.                                                                         

                                                     PRIOR ART                                                          

                     The prior art references of record relied upon by the examiner in rejecting the                    
              appealed claims are:                                                                                      
              Gossard     3,624,939  December 7, 1971                                                                   
              Schaffer et al. (Schaffer)   D196,679  October 22, 1963                                                   
              Francis     D346,185  April, 19, 1994                                                                     




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