Appeal No. 2005-1278 Page 14
Application No. 10/145,226
(4) opposed sidewalls having a "central portion having a substantially smooth,
non-apertured inner surface'' as set forth in claim 28.
The invention of Overholt '054 relates to a multi-purpose collapsible container
adapted for storing, transporting, and displaying produce items and other goods.
Referring to Figures 1, 2, 3, and 8, side walls 28, 30 of a container 10 are bowed
outward, away from compartment 13, and have an arcuate shape. The central portion
74, 76 of side walls 28, 30 include the bowed (or scalloped) curvature. Side walls 28,
30, respectively, are each pivotably attached to base 12 by way of a hinging
configuration or system 80. Referring now to Figures 1-2, 4, and 9, container 10 further
includes a pair of opposed end walls 32 and 34. Similar to side walls 28, 30, end walls
32, 34, are also bowed in an outward manner, having an arcuate shape where the
central portion 75, 77 of end walls 32, 34 include the arcuate shape. Further, like side
walls 28, 30, end walls 32, 34 are similarly pivotably attached to base 12 by way of a
hinging mechanism 90. The bowed features of the side and end walls generally serves
to increase the interior volume 13 of container 10, thereby allowing container 10 to store
and transport more product.
In reading the above-noted four limitations on Overholt '054, the examiner takes
the positions (answer, pp. 7-8) that (1) the central portion 74 of Overholt '054 is not the
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