Appeal No. 95-1635
Application No. 07/928,703
sides of said film unit...” The examiner does not adequately
address this claim limitation in the statement of the rejection
or in the rationale therefor. In fact, the only place the
examiner addresses the limitation at all is in the response to
appellants’ arguments, at page 8 of the answer. However, even
there, the examiner merely refers to Ohmura’s Figures 8 and 10
and states, without support or further explanation, that Ohmura’s
outer cover “does meet Applicant’s [sic, Applicants’] claim of
having ‘four flat sides interconnected by right-angle bend lines
that are parallel to each other and that lie flat against four
flat sides of said film unit’.” We are unconvinced. While
Ohmura explains (column 4, lines 18-22) that in the plastic
embodiment, the various sections of the cover may be “fitted or
welded in a well-known manner, such as by ultrasonic welding,”
there is no indication in this embodiment, and no specific
disclosure of the cardboard embodiment, that Ohmura contemplates
any bend lines that are parallel to each other and which
interconnect four flat sides which lie flat against four flat
sides of the film unit. While Ohmura’s cover may, in fact, be
made in such a way, we have no evidence of that in this record
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