Ex Parte FATH et al - Page 4




          Appeal No. 2000-2039                                                        
          Application 09/176,608                                                      


          also connected by a diagonal “cut” line of perforations 36, 36a             
          extending along each side of the box to the hinge line 24.  The             
          uncut portions between the perforations break when the box is               
          opened for the first time.  Figures 4 through 7 show the single             
          integral blank from which the box is formed.                                
               The appellants do not challenge the examiner’s implicit                
          determination (see page 3 in the answer) that the Gorton box                
          blank responds to all of the limitations in claim 1 except for              
          that requiring each of the diagonal cut lines to include “a                 
          single uncut portion about midway along its length in the range             
          of .020 to .065 inches.”                                                    
               The appellants also do not challenge the examiner’s finding            
          (see page 4 in the answer) that the admitted prior art box blank            
          meets all but the same diagonal cut line limitation in claim 1.             
          As shown and described, the admitted prior art cut lines 54, 56             
          do not include any uncut portions.                                          
               In rejecting claim 1, the examiner concludes (see pages 3              
          through 5 in the answer) that Gorton’s disclosure of perforations           
          36, 36a would have suggested modifying each of the diagonal cut             
          lines in either the Gorton box blank or the admitted prior art              
          box blank to embody “a single uncut portion about midway along              
          its length in the range of .020 to .065 inches” as required by              


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