Ex Parte Simmons et al - Page 7




          Appeal No. 2004-0737                                                        
          Application No. 10/141,443                                                  


                               REMAND TO THE EXAMINER                                 
               Relative to the claimed subject matter, the examiner should            
          evaluate known prior art addressing filler material that protects           
          container contents from damage during transportation, such as is            
          disclosed in U.S. Patent No. 2,895,269 to Lasko et al. (see                 
          footnote 5, above) alone, and in combination with the applied               
          Harding patent.                                                             


               In summary, this panel of the board has not sustained the              
          obviousness rejection on appeal and has remanded the application            
          to the examiner to consider the content of the remand.                      



















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