Appeal No. 2000-2039
Application 09/176,608
portion including a back panel integrally connected to a left
side panel and a right side panel, and the lid forming portion
including a back panel integrally connected to a left side panel
and a right side panel, an integral horizontally disposed hinge
line between the back panel of the body forming portion and the
back panel of the lid forming portion, and diagonal cut lines one
between the left side panels and the other between the right side
panels, each cut line extending to the hinge line and including a
single uncut portion about midway along its length in the range
of .020 to .065 inches.
THE PRIOR ART
The items relied on by the examiner as evidence of
obviousness are:
Gorton 3,078,030 Feb. 19, 1963
Focke et al. 5,392,905 Feb. 28, 1995
(Focke)
Manservigi et al. 5,823,331 Oct. 20, 1998
(Manservigi)
The prior art cigarette box blank shown in Figure 1 of the
appellants’ drawings and described on pages 5 through 7 of the
appellants’ specification (the admitted prior art)
THE REJECTIONS
Claims 1, 5 through 7, 11, 12 and 15 stand rejected under 35
U.S.C. § 103(a) as being unpatentable over Gorton.
Claims 13 and 14 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Gorton in view of Focke and Manservigi.
Claims 1, 5 through 7, 11, 12 and 15 stand rejected under 35
U.S.C. § 103(a) as being unpatentable over the admitted prior art
in view of Gorton.
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