Appeal No. 2000-1794
Application 08/901,171
portion” is also unfounded. When claim 1 is read, as it is
required to be, in light of the underlying specification, it is
reasonably clear that the “wrapper hidden portion” refers to a
part of the elongated tape which is adapted to be nested within
the inner surface of the wrapping material.
Thus, we shall not sustain the standing 35 U.S.C. § 112,
second paragraph, rejection of claims 1 through 11 and 13.
III. The 35 U.S.C. § 103(a) rejection of claims 1 through 9 and
11 as being unpatentable over Hersheys.com
Hersheys.com discusses the familiar package for a
Hershey’s Kisses chocolate. It is not disputed that this
package comprises
a foil wrapper completely enclosing the chocolate and an
elongated tape having a hidden portion lying between the
wrapper and the chocolate and a visible gripping portion
extending out of the wrapper and bearing the word “KISSES.”
As conceded by the examiner (see page 3 in the final
rejection), Hersheys.com does not respond to the limitations in
independent claim 1, or the corresponding limitations in
independent claim 11, requiring the visible gripping portion of
the tape to have printed thereon a first response solicitive
message and the spaced wrapper hidden portion of the tape to
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