Appeal No. 2004-1206
Application No. 09/826,473
consideration by the examiner as directed to a non-elected
invention (Answer, page 2, ¶(3)). We have jurisdiction pursuant
to 35 U.S.C. § 134.
According to appellants, the invention is directed to a
packaging container in which the outer surface of the container
has been directly printed in color using at least two transparent
inks, where no more than two of the inks are permitted to be
primary process colors (Brief, pages 2-3). Appellants state that
the claims should be grouped in five groups as listed on page 3
of the Brief. To the extent these groups of claims have been
separately argued by appellants, we consider these groups of
claims separately. See 37 CFR § 1.192(c)(7)(2002). Independent
claim 16 is representative of the invention and is reproduced
below:
16. A packaging container having inner and outer surfaces in
which the outer surface has been directly printed in color using
at least two overprinted transparent inks, of which no more than
two of the ink colors have been selected from cyan, magenta, or
yellow process primary colors.
The examiner has relied upon the following references in
support of the rejections on appeal:
Gerstner et al. (Gerstner) 5,037,682 Aug. 06, 1991
Agostini et al. (Agostini) 5,095,819 Mar. 17, 1992
Wolfe et al. (Wolfe) 5,193,456 Mar. 16, 1993
Akao et al. (Akao) 6,190,744 Feb. 20, 2001
2
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