Appeal No. 95-5048
Application No. 08/162,372
with said connecting wall, wherein said flap member is movable
towards and away from said outer wall to form a movable
separating member spaced from the outer wall, said movable
flap member being integrally connected to said edge portion
along one side of said flap member by a hinge-like connection
permitting movement of the flap towards and away from the
outer wall;
wherein said at least one opening in the inner wall face
is in the central portion, wherein the flap member is integral
with said edge portion; and
wherein said article includes a cover member and a base
member complementary to each other and hinged together along a
hinge portion wherein said flap member is situated on the
cover member and wherein said flap member is integral with
said edge portion solely adjacent said hinge portion.
The references relied upon by the examiner are:4
Schurman et al. (Schurman) 3,795,265 Mar. 5, 1974
Byrns (Byrns) 4,611,713 Sep. 16, 1986
The following rejections are at issue in this appeal:
4 In the "Response to argument" (Answer, pp.5-6), the
examiner mentions four additional references. As stated in In
re Hoch, 428 F.2d 1341, 1342 n.3, 166 USPQ 406, 407 n.3 (CCPA
1970), "[w]here a reference is relied on to support a
rejection, whether or not in a 'minor capacity,' there would
appear to be no excuse for not positively including the
reference in the statement of the rejection." Since these
four references have not been included in the statement of the
rejection, we have not considered them in reaching our
decision.
3
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