Appeal No. 2002-1086
Application 09/297,065
Silver’s Figure 5A at point x involve the formation of inturned
side flaps and outturned triangular wings, rather than outturned
side flaps and inturned triangular wings, and do not embody any
folding inwardly of outer sections of the side flaps onto inner
sections of the flaps. Moreover, these folding steps only
temporarily close Silver’s package and do not form block ends.
Silver’s block ends actually are formed by the cutting and
folding procedure shown in Figure 5B, which procedure does not
teach or suggest the claim 7 steps at issue.
Hence, the combined teachings of Hansson and Silver do not
justify the examiner’s conclusion that the subject matter recited
in claim 7 would have been obvious at the time the invention was
made to a person having ordinary skill in the art. Therefore, we
shall not sustain the standing 35 U.S.C. § 103(a) rejection of
claim 7, and dependent claims 8 through 10, as being unpatentable
over Hansson in view of Silver.
7
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