Appeal No. 2004-1302
Application No. 09/789,757
panels, including a binding member or spine 14 interconnecting
base and top portions of the cover. Claim 13 is unpatentable
over the applied references because Blanco’s cover includes
window 86. Claim 14 is unpatentable over the applied references
because the edges and bottom of Blanco’s second holding tray are
heat sealed to the cover 12 (column 3, line 56). Claim 15 is
unpatentable over the applied references because Wynalda teaches
that the hub insert may be glued or ultrasonically fused or
frictionally joined to boss 20’ (column 5, lines 13-15). Claims
16, 17 and 19 are unpatentable over the applied references
because the examiner’s position that the specifically claimed
materials are an obvious matter of design choice is reasonable on
its face and has not been specifically challenged by appellant.
Claim 21 is unpatentable over the applied references because
Blanco’s container is for receiving and securing CDs 82.
The rejection of claims 20, 26, 27, 29, 30, 35, 36 and 45 as
being unpatentable over Blanco in view of Wynalda is not
sustained because, for the reasons explained infra in our new
ground of rejection, the meaning of the limitation of claims
20 and 26 that the rosette has a thickness less than a thickness
of the tray is not clear. This reversal is not based upon any
evaluation of the merits thereof and does not preclude the
21
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