Appeal No. 2000-0487 Page 10
Application No. 08/856,228
After the scope and content of the prior art are
determined, the differences between the prior art and the
claims at issue are to be ascertained. Graham v. John Deere
Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).
Based on our analysis and review of Jones and claim 14,
we agree with the examiner (answer, p. 5) that the only
difference is the limitation that the slide-out tray includes
a "folded pop-in divider formed from spaced slits spanning one
of said horizontal fold lines" for securing an upper portion
of the article.
With regard to this difference, the examiner determined
(answer, p. 5) that "it would have been obvious in view of Lee
and Chaussadas to place dividers between the articles of Jones
to prevent article movements."
The argument advanced by the appellant (brief, pp. 14-15;
reply brief, pp. 4-5) is unpersuasive for the following
reasons.
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