Ex parte BIERLY - Page 8




          Appeal No. 2000-0487                                       Page 8           
          Application No. 08/856,228                                                  


               Independent claim 14 reads as follows:                                 
                    A slide-out tray formed of a blank having a planar                
               body and a plurality of horizontal fold lines for                      
               securing an article in a carton, comprising:                           
                    a fold over cover and a folded pop-in divider formed              
               from spaced slits spanning one of said horizontal fold                 
               lines for securing an upper portion of said article; and               
                    a tube for securing a lower portion of said article               
               including a recess in said tube.                                       



                    Jones discloses a display and shipping package.  As               
          shown in Figure 4, the package is formed from a blank 16                    
          having a plurality of fold lines 18-24.  As shown in Figures                
          1-3 and 6, the package includes (1) a base portion 11 formed                
          from bottom wall 28, front wall 29, top wall 30 and a portion               
          of rear wall 12, (2) openings 32-35 formed in the top wall 30               
          of the base portion 11 to receive base portions of tumblers                 
          36, (3) diagonal wall 13 with elliptical openings 40-43, (4)                
          top wall 14, and                                                            
          (5) top end flange 15.                                                      


               Chaussadas' invention relates to a carton accommodating a              
          plurality of like articles, such as bottles, wherein a keel is              
          used to maintain the relative spacing of the adjacent bottles               







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