Appeal No. 2002-1818
Application 29/094,432
In addition, at column 6, lines 35-42, Zoss notes that
spacing score lines 72, 74, and 76 from side edges 20 and 22
of panel 18 and side edges 26 and 30 of panel 28 and from
bottom edges 44 gives rigidity to panels 18 and 28 to assist
in their return to a static, planar condition.
Additionally, the Y-shape divides panels 18 and 28 into 3
flat areas which have a geodesic configuration when panles
18 and 28 are flexed outwardly and have a tendency to return
to a static planar condition.
On page 6 of the brief, appellant provides a definition of
“geodesic” which indicates that this term pertains to the
geometry of curved surfaces, in which geodesic lines take the
place of straight lines of plain geometry.
In light of the foregoing, it is clear to us that a designer
of ordinary skill who designs articles of the type claimed in the
present application would have readily recognized and appreciated
that the expanded package shown in Figure 1 of Zoss has three
interconnected areas on each of the front and back panels which
are rounded or curved (i.e., are of geodesic configuration) and
which provide the expanded package of Zoss with an overall curved
appearance and thereby provide the package and opening thereof
with a generally oval shape, whereas appellant’s claimed carton
creates an overall planar, tapered and triangular visual
impression with a hexagonal top opening.
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