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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