Appeal No. 2001-0199
Application 09/179,813
THE REFERENCES
In rejecting the appealed claims under 35 U.S.C. §102 and §103, the Examiner
relies on the following single reference:
Breitler et al. (Breitler) 5,589,275 Dec. 31, 1996
THE REJECTIONS
Claims 20-26, 28, and 29 stand rejected under 35 U.S.C. § 102(e) as being
anticipated by Breitler.
Claims 20-29 stand rejected under 35 U.S.C. § 103(a) as being unpatentable
over Breitler.
We affirm both rejections.
DISCUSSION
The present invention relates to a cold-formed shaped packaging free of folds
made of a metal-plastic laminate with at least one packaging recess therein. (Appeal
Brief, page 2, lines 16 - 18). The metal-plastic laminate is formed between a retaining
tool and a die exhibiting at least one opening, with the die and retaining tool including
facing edge regions. The die within the die edge region includes a shoulder region that
surrounds the die opening or openings. The surface of the die edge region lies 0.1 - 10
mm lower than the surface of the die edge region. (Appeal Brief, page 3, lines 12-21).
To form the laminate having a packaging recess, a first stamp having a friction
forming surface which pre-forms the metal-plastic laminate is provided, and a second
stamp is provided which has a second friction forming surface which forms the pre-
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