Appeal No. 2004-1302
Application No. 09/789,757
Rejection (3)
Claims 1-7, 15, 18, 20, 21, 25, 26, 29, 34-37, 39 and 44-46
stand rejected under 35 U.S.C. § 102(e) as being anticipated by
Gelardi.
Gelardi is directed to a CD package having a cover
1 attached to a tray 3 by a hinge (e.g., element 49 in Figure
12A) at one end of the tray. The tray comprises a generally
planar base (element 125 in Figures 50A, 50B) having a hole
65 circumscribed by recesses 121, 123 (see Figures 45A, 45C and
48A) on opposite sides of the base. The hole receives one or two
rosettes (see Figures 46A-46C), each rosette having flexible
petals 135 for engaging the center opening of a CD to hold the CD
in place. The recesses 121, 123 circumscribing the hole receive
the bases of the rosettes to prevent lateral movement of the
rosettes (column 10, lines 52-55; Figures 48A-48C).
As noted above, claim 1 calls for, among other things, a
molded tray, a well in the tray, and a rigid boss in the well.
In rejecting claim 1 as being anticipated by Gelardi, the
examiner considers that Gelardi’s hole 65 corresponds to the
claimed boss. In general, words in a claim will be given their
ordinary and accustomed meaning, unless it appears that the
inventor used them differently, Envirotech Corp. v. Al George,
12
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: November 3, 2007