Ex parte TETHER et al. - Page 6




          Appeal No. 97-0608                                                          
          Application 08/287,143                                                      



          OPINION                                                                     
                    In reaching our decision in this appeal, we have                  
          given careful consideration to appellants' specification and                
          claims, to the applied prior art references, and to the re-                 
          spective positions articulated by appellants and the examiner.              
          As a consequence of this review, we have made the determina-                
          tion that the examiner's rejections under 35 U.S.C. § 103 will              
          not be sustained.  Our reasons follow.                                      


                    Looking at Barben, we note that this patent is                    
          directed to a method for manufacturing a tool cylinder (e.g.,               
          a cutting cylinder 1000) for use in a rotary machine for                    
          processing con-tinuously at high speeds a web-like or sheet-                
          like workpiece, such as, for instance, sheets of paperboard                 
          for the manufacture of packaging boxes.  The patentee specifi-              
          cally mentions (column 1) packaging boxes in the form of flip-              
          top type cigarette boxes for luxurious cigarettes, which are                
          semi-rigid boxes of which the top bends backwards in order to               
          render the cigarettes very accessible.  While it is certainly               
          true that Barben teaches or suggests                                        

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