Appeal No. 96-1604
Application 08/272,906
the fiberboard hogshead of Sproull is the requirement that "the
hogshead must be constructed to diametrically enlarge 8% beyond
its initial dimensions during a pressing operation" (column 6,
lines 5-7). Sproull allows for this diametrical enlargement by
either forming each zipper tape section 20 with a stretchable
portion (column 5, lines 50-51 and column 6, lines 7-14) or by
forming the body "in whole or in part of an extensible paper,
which, in itself, could stretch during the pressing operation"
(column 6, lines 15-17).
In rejecting appealed claims 6 through 9 and 22, the
examiner has applied the additional teachings of Carpenter,
Hancock and Sherk. Carpenter has been applied for its teaching
of a fiberboard container having curved sidewalls and rounded
corners (Figures 1 and 4). Hancock has been applied for its
teaching of an H-shaped connector (Figure 12) for joining edges
of panels to form a knockdown container, and Sherk has been
applied to show a fiberboard container having end closures with
skirts 18 extending below (or above) the planar plate portion of
the end closure (Figure 5).
As noted above, the initial burden of establishing a prima
facie case of obviousness rests upon the examiner. In estab-
lishing a prima facie case of obviousness under 35 U.S.C. § 103,
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