Appeal No. 2004-1805
Application No. 09/928,359
On the other hand, on page 3 of the brief, appellant states
that the free edge is “an edge not attached to another portion
of the carton by a fold line”. Appellant states that this is
the free edge that is being claimed in the phrase “a line
collinear with the free edge of the third panel”.
It appears that appellant’s explanation conflicts with the
specification as discussed above. The only disclosure of free
edges in the specification is in connection with free edges 134
and 136, as discussed above. Furthermore, even if we were to
use appellant’s explanation that a free edge is “an edge not
attached to another portion of the carton by a fold line”, there
are possibilities of several points of origin for such a free
edge in Figure 5. Therefore, there can be multiple locations
for “a line collinear with the free edge of said third panel”.
These multiple possible locations for such a collinear line make
the claim language indefinite.
Hence, we agree with the examiner’s determination that the
phrase, “a line collinear [sic, colinear] with said free edge of
said third panel” is indefinite.
With regard to the term “cut out”, we again refer to the
paragraph bridging pages 6-7 of the specification, wherein a
“notch” is described with reference to Figure 5. The
specification indicates that this notch is made from free edges
134, 136 as shown in Figure 5. The only place in the
specification that we find the actual term “cut out” (other than
in the claims), is in the Summary of the Invention, on page 3 of
the specification, wherein the specification states “[t]hat
portion which is cut out corresponds in form to the triangular
cutout or truncated portion at the tapered end of the sideseam
forming fifth panel.” A dictionary definition of the term “cut
out” is “something cut out or off from something else; also: the
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