Appeal No. 1996-1945
Application No. 07/960,421
disclosure of Moretti, would have found it obvious to make a recyclable packaging
receptacle which includes metal sidewalls and metal end walls formed by folds and
creases resulting in a self-supporting packaging receptacle.
The Examiner has not addressed Appellant’s comments regarding the
patentability of the dependent claims.
In the absence of sufficient factual evidence or scientific rationale to establish
why and how a skilled artisan would have arrived at the subject matter of claims 2-3, 5-
16, 18-24 and 26-34 from the applied reference, we find that the initial burden of
establishing the prima facie obviousness of the claimed subject matter has not been
met. The 35 U.S.C. § 103 rejection of claims 2-3, 5-16, 18-24 and 26-34 is reversed.
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