Appeal No. 97-2712
Application 08/285,349
altering the shape of the packaging (container) of the French
Patent on the basis of the Chadwick disclosure, as proposed.
In particular, it appears to us that such a modification would
not have been undertaken by an artisan since a conically shaped
side wall would not permit the packaging to maintain disclosed
significant relationships between the internal casing and the
external casing, i.e., the interface between pull tabs 10 and
ribs and guides 15, 16, and the interface between flexible and
elastic projection tabs 17N that catch in breaking lines 7.
While the patent to Koefelda clearly teaches a plastic
pail with flat surfaces thereon for mating with flat surfaces of
adjacent pails to prevent relative movement therebetween, and a
draft angle for the sidewalls of the pails to allow the pails to
be easily empty nested for more compact storage and transport,
this document nevertheless does not overcome the deficiency
discussed above relative to the teachings of the French Patent
and the Chadwick document.
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