Appeal No. 96-0885
Application 08/108,932
The examiner does not explain, however, and it is not
apparent, how the hole allows the slices to be consistently
folded about a fold line.
Appellant’s claim 12 requires a space between the sheet
layer walls at a midportion between the fold line and the
first location where an apple slice surface abuts to itself.
Robinson teaches that the perimeter 36 and perimeter 38 in
Fig. 4 are proximate to one another but do not contact one
another (col. 4, lines 36-39). The adjacent area 50 of the
side 34 contacts the adjacent area 52 of the side 32, as shown
in Figs. 4 and 8 (col. 4, lines 40-41). The line about which
the apple slice in Fig. 4 is folded, however, is spaced from
side 32. That is, side 32 in Fig. 4 is curved, whereas the
fold line passes through the ends of curved portion 32 such
that there is empty space between the fold line and side 32
where the surface abuts itself. There is
no space between sheet layer walls at a midpoint of this
region as required by appellant’s claim 12.
In order for a claimed invention to be anticipated under
35 U.S.C. § 102(b), all of the elements of the claim must be
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