Appeal No. 2000-2039
Application 09/176,608
Claims 13 and 14 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over the admitted prior art in view of Gorton,
Focke and Manservigi.
Attention is directed to the appellants’ main and reply
briefs (Paper Nos. 8 and 10) and to the examiner’s answer (Paper
No. 9) for the respective positions of the appellants and the
examiner with regard to the merits of these rejections.
DISCUSSION
In the main brief, the appellants state that “[f]or purposes
of this appeal claims 1, 5-7 and 11-15 may be considered together
as a group” (page 4). In accordance with this statement, and
consistent with the arguments advanced in both briefs, claims 5
through 7 and 11 through 15 shall stand or fall with
representative claim 1.
As indicated above, claim 1 stands rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Gorton, and as being
unpatentable over the admitted prior art in view of Gorton.
Gorton discloses a box having a reclosable top, e.g., a
“flip-top” cigarette box. Figures 1 through 3 depict an
embodiment comprising a main box portion 20 and a reclosable top
portion 22 connected by a scored hinge line 24. When the box is
initially formed, the top portion 22 and main box portion 20 are
3
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