Ex parte GELARDI et al. - Page 7




          Appeal No. 1998-3420                                                        
          Application 08/597,033                                                      



          cover (20) having a bottom panel (24), a top panel (22), an                 
          outer spine panel (26) and an end spine panel (72) connected                
          to the bottom panel and a folded hook (74) for allowing assem-              
          bly of the cover to the tray (see Figs. 8, 10 and 14) in the                
          manner set forth in independent claims 1, 9 and 61 on appeal.               
          Appellants’ arguments on pages 6-8 and 11-12 of the brief and               
          in the reply brief have not convinced us of any error in the                
          examiner’s position.                                                        


                    In contrast to appellants position, we view the base              
          member (30) and the interconnected holder (40a, 100) of                     
          O’Brien in the same manner as the examiner, that is as                      
          defining an “integrated” tray structure that includes both a                
          rosette as claimed (see col. 6, lines 28-36) and an outwardly               
          opening receiver (Fig. 8) to accommodate the folded hook (74)               
          of the paper board cover (20).  As for the requirement in                   
          appellants’ claims 1, 9 and 61 of complete accessibility to                 
          all sides of the paper board cover and that of providing a                  
          package which “lies flat when the cover is partially or fully               
          open,” we note that the paper board cover (20) of O’Brien in                

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