Appeal No. 1998-2063
Application No. 08/531,087
the container, a sleeve having an opening at a first end that
fits over the first end of the container to cover the opening in
the container and an enclosure at a second end thereof that
covers the first end of the container and a portion of the tab,
the tab having an aperture, the enclosure of the sleeve having a
slot exposing the aperture in the tab and a portion of the tab
and the slot extending to an edge of the enclosure so that the
package is supported only by engagement of a hook with the
aperture in the tab and is not supported by the sleeve. The
enclosure is further defined to cover a portion of the tab
located along a line that extends through the aperture, with the
line being substantially horizontal when the package is hung
from the hook.
The examiner urges (answer, page 4) that Reighart (in
Figure 9) discloses essentially the claimed invention including
an exposed portion or tab (50) of the container (20) extending
through a sleeve (40) and beyond the end thereof to obviate
suspension forces acting on the sleeve (40). The only
difference recognized by the examiner between appellant’s
claimed package and that of Reighart is the lack in Reighart’s
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