Ex Parte Gelardi - Page 2



          Appeal No. 2004-1302                                                        
          Application No. 09/789,757                                                  

          the rejection of claims 53 and 54 under 35 U.S.C. § 112, first              
          paragraph.  Since this was the only rejection pending against               
          these claims, claims 53 and 54 also currently stand as non-                 
          rejected claims, and they likewise have not been included in this           
          appeal.1  Claims 10, 22-24, 33, 38, 41, 42, 52-54 and 59-61, the            
          only other claims in the application, have been indicated by the            
          examiner to contain allowable subject matter, but currently stand           
          objected to until such time that they are rewritten in                      
          independent form.  In light of the above, claims 1-7, 9, 11-21,             
          25-32, 34-37, 39, 40, 43-51, 55-58 and 62-64 remain before us on            
          appeal.                                                                     
               Appellant’s invention pertains to a package for holding one            
          or more compact disks (CDs).  Claims 1 and 26, copies of which              
          are found in the appendix to appellant’s brief, are illustrative            
          of the subject matter in issue.2                                            




               1Upon return of this application to the Technology Center,             
          the examiner should determine the status of claims 8, 53, 54 and            
          65.                                                                         
               2The copies of claims 47 and 49 in the appendix to the brief           
          are incorrect.  Claim 47 should depend from claim 32, and claim             
          49 should depend from claim 48.                                             
                                          2                                           




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