Appeal No. 2004-1302
Application No. 09/789,757
including CDs and floppy disks. The container comprises first
and second cooperating holding trays 18, 20 constructed of
vacuum-formed PVC, polypropylene, polyethylene or other material
giving the first and second holding trays a relatively rigid form
(column 3, lines 52-56). The trays are heat sealed to a cover 12
having a binding member 14 such that the trays may be opened and
closed about the binding member in book-like fashion. Second
holding tray 20 includes a recessed cavity or well 22 for holding
CDs and a partial square cavity 24 formed in the wall of the
recessed cavity for holding floppy disks. As explained at column
4, lines 8-12, “[c]ompact disks (CDs) 82 are inserted into
recessed cavity 22 by press-fitting compact disks 82 (CDs) at a
circular inner aperture of compact disks 82 (CDs) over a spindle
46 and a circular ridge 48 which is concentric to spindle 46.”
Figure 3 shows CDs 82 located in the recessed cavity or well
22 and floppy disks 84 located in the cavity 24 above the CDs.
In rejecting claim 1 et al. as being unpatentable over Blanco in
view of Wynalda, the examiner implicitly concedes (final
rejection, page 8) that Blanco does not disclose a separate
insert in the well attachable to a boss for receiving and holding
CDs. The examiner turns to Wynalda for a teaching of this
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