Appeal No. 2004-1302
Application No. 09/789,757
provide an opening in the sidewall of Blanco’s container in order
to retain “written information” in conjunction with a disk. We
do not agree.
Dallmer discloses a device for storing information material
comprising a large box-shaped container 11, 13 for storing
catalogues and the like and a smaller container 18 incorporated
into the box-shaped container for storing CDs. In the present
case, we find no basis in the combined teachings of the applied
references, and in particular Dallmer, for providing an
additional opening in the sidewall of Blanco’s container for
retaining “written information” as proposed by the examiner.
Dallmer’s broad disclosure of a container for storing both
catalogues and CDs does not provide a reasonable basis for the
examiner’s conclusion that it would have been obvious to one
having ordinary skill in the art at the time of the invention to
modify Blanco in the manner proposed. The examiner’s position to
the contrary rests on an impermissible hindsight reconstruction
of the claimed invention. In light of the foregoing, we shall
not sustain the rejection of claim 11 as being unpatentable over
Blanco in view of Wynalda and Dallmer.
Notwithstanding that the meaning of the limitation in base
claim 26 that the rosette has a thickness less than a thickness
25
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