Ex parte BECKER - Page 6




          Appeal No. 2000-0574                                                        
          Application No. 08/876,321                                                  


          disclosure, would have understood claim 1 to have this                      
          meaning.  It is, in fact, this difference in length which                   
          permits the base member to fit within the interior recess of                
          the lid while the side walls extend beyond the recess over the              
          lid end members so that the side walls may be mounted to the                
          lid.                                                                        
               For the foregoing reasons, we do not agree with the                    
          examiner that the phrase "and a length greater than said                    
          rectangular base member" renders the scope of claim 1                       
          indefinite.  Accordingly, we shall not sustain the examiner's               
          rejection of claim 1, or claims 2, 3, 8 and 9 which depend                  
          from claim 1, as being indefinite under the second paragraph                
          of Section 112.                                                             
                                Rejections (2) - (5)                                  
               Porch, the primary reference relied upon by the examiner               
          in making these rejections, discloses a collapsible shipping                
          container.  The Porch container comprises a top panel 20, a                 
          bottom panel 22, a pair of side panels 24, 26 and a second                  
          pair of side (end) panels 28, 30.  The panels are secured to                
          one another by fixture means in the form of horizontal frame                
          members 32, 34, 36, 38, 48, 50, 52, 54 and vertical frame                   
                                          6                                           





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