Appeal No. 2000-1789 Page 10
Application No. 08/699,572
After the scope and content of the prior art are determined, the differences
between the prior art and the claims at issue are to be ascertained. Graham v. John
Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).
Based on our analysis and review of Kaplan and claims 1 and 16, it is our
opinion that the differences are as follows: (1) an elongated generally rectangular
portion of the surface area of the capturing flap, proximate a distal edge of the
capturing flap, having a separable strip of non-stick material adhered thereto as recited
in clause D of claim 1; (2) the separable strip being adhered to the capturing flap
portion by an adhesive contacting both of the capturing flap portion and the separable
strip and characterized by a greater adherence force between the adhesive and the
carton stock material of the blank than the adherence force between the adhesive and
the surface of the strip of non-stick material as recited in clause E of claim 1; (3) the
adhesive and the strip being applied only to the capturing flap of the capturing and
captured flaps as recited in clause E of claim 1; (4) an elongated generally rectangular
area of adhesive applied to the carton blank along a peripheral edge thereof for
securing the flap to the other portion of the blank as recited in clause D of claim 16;
(5) an elongated generally rectangular strip of non-stick material coextensive with and
positioned over the adhesive and separable therefrom to expose the adhesive for
securing the flap to the other portion of the blank as recited in clause E of claim 16;
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