Ex parte SCHURMAN - Page 8




          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                  

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Last modified: November 3, 2007