Ex parte BIERLY - Page 5




          Appeal No. 2000-0487                                       Page 5           
          Application No. 08/856,228                                                  


          USPQ 560, 562 (CCPA 1972).  Furthermore, the conclusion that                
          the claimed subject matter is prima facie obvious must be                   
          supported by evidence, as shown by some objective teaching in               
          the prior art or by knowledge generally available to one of                 
          ordinary skill in the art that would have led that individual               
          to arrive at the claimed invention.  See In re Fine, 837 F.2d               
          1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).                           


               Independent claim 20 reads as follows:                                 
                    A display carton for holding at least one article,                
               said display carton being formed by a foldable blank,                  
               comprising:                                                            
                    a plurality of panels forming a hollow interior of                
               said carton upon erection of said blank to receive said                
               article; and                                                           
                    at least one panel forming a face of the carton                   
               having a cutout opening allowing for the partial visual                
               and tactile inspection of said article, said cutout                    
               opening being surrounded by a printed silhouette of said               
               article on said face;                                                  
                    the combined visual appearance of the article                     
               through said opening and said silhouette providing a                   
               substantially full visualization of the article;                       
                    whereby said article may be inspected and fully                   
               visualized by simulation without opening said carton.                  


               We have reviewed the applied prior art cited by the                    
          examiner in the rejection of the claims 7 to 9, 11, 12 and 20               








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007