Appeal No. 2003-0221
Application 09/670,929
articulated by appellant and the examiner. As a consequence of
our review, we have made the determinations which follow.
Turning first to the examiner's rejection of claims 1
through 3 and 7 under 35 U.S.C. § 102(b) based on Teasdale, we
note this patent discloses a container or carton which is
convertible from one suitable for distribution of bulk goods
(Fig. 3) to a carry-out tray (Figs. 5-7). It is clear from the
explanation of the rejection (answer, page 3) and the examiner’s
comments on page 5 of the answer that the examiner is relying on
the carton or container in the form shown, for example, in Figure
6 of Teasdale. As can be seen in Figure 6, the carton/container
comprises a surrounding side structure (12, 13); a closed end
defined by bottom flaps (15, 16); and an inlet end opposite the
closed end, wherein the inlet end includes a shelf or support
panel (34) having a series of openings (37) formed therein. As
is also apparent from Figure 6, the carton/container includes a
holding area between the closed end and the shelf or support
panel (34) and an open-topped side area or auxiliary storage area
adjacent the shelf/support panel for holding additional items or
materials.
4
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