Appeal No. 2000-1313
Application No. 08/797,478
to combine pull tabs as taught by Wardwell with a package
having perforations as taught by Kurtz. This argument is not
found persuasive with respect to claim 8 because, as noted
above, claim 8 does not recite any tabs.4
In light of the above, we shall sustain the examiner's
rejection of claim 8, as well as claims 9-15 which fall
therewith, as being unpatentable over Kurtz in view of
Wardwell.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1-21 under 35 U.S.C. § 103 is affirmed as to claims 8-
15 and reversed as to claims 1-7 and 16-21.
4 It is well established that limitations not appearing in the claims
cannot be relied upon for patentability. In re Self, 671 F.2d 1344, 1348, 213
USPQ 1, 5 (CCPA 1982).
12
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