Ex parte CLARK et al. - Page 2

                 Appeal No. 96-0610                                                                                                                     
                 Application 08/257,449                                                                                                                 

                          Appellants’ claimed invention relates to a collapsible                                                                        
                 container having a bottom wall, a pair of sidewalls,  and a                                  2                                         
                 pair of end walls defining a generally rectangular periphery.                                                                          
                 The sidewalls and the end walls are hinged to the bottom wall                                                                          
                 or to what amounts to an upstanding rim portion of the bottom                                                                          
                 wall.  The vertical levels of the hinges permit a first one of                                                                         
                 the sidewalls to initially be pivoted to a collapsed position                                                                          
                 overlying the bottom wall, the second sidewall to be pivoted                                                                           
                 to a collapsed position overlying the first sidewall, and the                                                                          
                 two end walls to be pivoted to non-overlapping collapsed                                                                               
                 positions overlying the second sidewall.                                                                                               
                          In independent claim 1, the second sidewall is recited to                                                                     
                 overlie the first sidewall “in relatively flat                                                                                         
                 configuration.”  Claim 1 further recites that the end walls3                                                                                                           
                 lie parallel to and in engagement with the second sidewall                                                                             
                 upon being pivoted to their overlying positions.  Claim 17,                                                                            
                 the only other independent claim on appeal, recites that the                                                                           

                          2    Throughout appellants’ specification and pending claims, “sidewall”                                                      
                 is spelled as two words.  According to Webster’s Third New International                                                               
                 Dictionary (G. & C. Merriam Company, 1971), “sidewall” is spelled as one word.                                                         
                          3    Consistent with appellants’ specification, we have interpreted this                                                      
                 phrase to mean that the second sidewall lies flat or parallel relative to the                                                          
                 first sidewall upon being pivoted to its overlying position.                                                                           

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