Appeal No. 95-5048 Application No. 08/162,372 unpatentability. For this reason, the rejection of claim 1 under 35 U.S.C. § 103 as being unpatentable over Schurman alone is reversed. Claims 1 and 8-15 are rejected under 35 U.S.C. § 103 as being unpatentable over the combination of Schurman and Byrns. Byrns discloses a container for carrying a portable tool. The container has a hinged cover formed of a double wall construction and is configured to hold a rotary saw blade. The innermost wall of the double wall construction is provided with a raised portion of generally U-shape (see Figure 2, item 26). According to the examiner, the raised portion is made of a plastic material which suggests that it is movable (Supplemental Examiner's Answer, p.5). To the extent that the examiner thus characterizes the raised portion as a movable flap member, the raised portion is more correctly defined as a "pocket" by virtue of its connection to three sides of the cover. This "pocket" fails to meet the limitations of the flap member in claim 1. See claim 1 ("wherein said flap member is integral with said edge portion solely adjacent said hinge portion"); see also Reply Brief, p.3. Therefore, the 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007