Appeal No. 2000-1202 Page 7
Application No. 08/982616
would have suggested to one of ordinary skill in the art that it would have been obvious to
modify Fluent in order to meet the claim limitations.
It therefore is our conclusion that a prima facie case of obviousness has not been
established with regard to the subject matter of independent claims 5, 8, and 9, and we will
not sustain the rejection of these claims or of claims 6 and 7, which are dependent from
claim 5.
In view of the highly developed nature of the packaging arts, however, we feel
constrained to suggest that the examiner consider further review with regard to the issue of
whether it would have been obvious to one of ordinary skill in the art to modify the Fluent
system by placing the box folding section adjacent to the panel receiving section.
CONCLUSION
Neither of the rejections is sustained.
The decision of the examiner is reversed.
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