Ex parte GELARDI et al. - Page 8




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



          the preferred embodiment (col. 9, lines 7-17) is described as               
          having a glueless connection to the plastic base (30) and as                
          being “readily detachable” from                                             


          the base.  Thus, given the glueless connection, we must                     
          conclude                                                                    
          that the cover (20), as seen in Figure 8 of the patent, is                  
          movable in a counter-clockwise direction about the gap (78) to              
          a horizontal position wherein the cover would extend to the                 
          right of the base and would, to the same extent as appellants’              
          cover, thereby allow complete accessibility to all sides of                 
          the paper board cover and provide a package which lies flat                 
          when the cover is partially or fully open.  As noted by the                 
          examiner (answer, pages 7-8), appellants’ arguments on page 7               
          of the brief are narrower than the claim recitations, since                 
          the claims on appeal do not in any way preclude folding of the              
          cover to obtain visual access thereto or inversion of the tray              
          to obtain visual access to the cover.                                       





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