Ex Parte SANKEY et al - Page 3




              Appeal No. 2002-1099                                                                     3               
              Application No. 09/208,119                                                                               


                     Reference is made to appellants’ main and reply briefs (Paper Nos. 20 and 23) and                 
              to the examiner’s answer (Paper No. 22) for the respective positions of appellants and the               
              examiner regarding the merits of these rejections.  Appellants also rely on the declaration              
              of Ron Marsilio (Paper No. 13)2 as evidence of nonobviousness.                                           


                                                       Discussion                                                      
              Rejection (1)                                                                                            


                     Looking first at rejection (1), Hehn, the examiner’s primary reference in this                    
              rejection, pertains to a video cassette storage container for securely holding and                       
              containing two different sizes of video cassettes.  Hehn’s container comprises a base                    
              having a bottom wall 2 and a sidewall 3-5, a spine 24 connected to the bottom wall with a                
              first living hinge, and a lid 14 having flange portions 15-17 connected to the spine with a              
              second living hinge.  Tabs 22 on the lid are received in receiving members 8 on the base                 
              to hold the lid in the closed position relative to the base.  A pair of upstanding, transversely         
              extending flanges 31, 32 are integrally molded with the inner surface of the spine adjacent              
              the outer ends thereof.  These flanges are in alignment with flange portions 16, 17 of the               
              lid.  As explained at column 6, lines 28-35, flanges 31, 32 of the spine and flange portions             



                     2Paper No. 13 is incorrectly captioned as an affidavit.                                           







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