Appeal No. 2003-0221
Application 09/670,929
claim 4, or the rejection of claims 12 through 14 and 16 under 35
U.S.C. § 103(a).
The decision of the examiner is accordingly affirmed-in-
part.
In addition, we REMAND this application to the examiner to
consider a rejection of claims 3 and 4 under 35 U.S.C. § 102(b)
based on Schuster, noting that the top panel (12) of Schuster’s
container is a support panel that is foldably connected to the
surrounding side structure and has a connecting terminal edge
that is securable to an opposite portion of the surrounding side
structure by way of glue or adhesive (Schuster, col. 6, lines 7-
11).
In addition to affirming the examiner’s rejection of one or
more claims, this decision contains a remand. 37 CFR § 1.196(e)
provides that
whenever a decision of the Board of Patent Appeals
and Interferences includes or allows a remand, that
decision shall not be considered a final decision.
When appropriate, upon conclusion of proceedings on
remand before the examiner, the Board of Patent Appeals
and Interferences may enter an order otherwise making
its decision final.
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