Appeal No. 98-2156 Page 16
Application No. 08/421,489
an outer skin may be formed by chilling the surface of a foam
cigarette package. While Lux indicates that the density of
the outer skin may be greater, we are not of the opinion that
this teaching by Lux would fairly suggest adhering two sheets
of foam having different densities to one other as set forth
by claim 10. Accordingly, we will not sustain the rejection
of claim 10 under 35 U.S.C.
§ 103(a) as being unpatentable over the combined teachings of
Kiley, Kimura and Lux.
Rejection (5)
According to the examiner it would have been obvious to
affix a fabric material to the outer surfaces of the cover,
bottom section and the hinge of the box of Kiley, as modified
by Kimura, in view of the teachings Johnson. Johnson,
however, teaches affixing an elastic fabric to a substantially
non-elastic film in order to provide a stretchable laminate
construction that is suitable for use in waterproof garments
(see, generally, col. 3). Absent the appellant's own
1072, 12 USPQ2d 1539, 1541 (Fed. Cir. 1989).
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