Ex Parte Overholt - Page 18




              Appeal No. 2005-1278                                                                Page 18                 
              Application No. 10/145,226                                                                                  



                     Figure 8 of Jacques '420 shows a five-piece open container 210 comprising a                          
              bottom piece 212, opposite side pieces 214 and 216 and opposite end pieces 218 and                          
              220.  The side pieces 214 and 216 have two rows of apertures extending from one side                        
              edge to the opposite side edge and a solid portion therebetween.  At each corner of the                     
              bottom piece 212, there is provided a post 240.  Each post 240 consists of a vertically                     
              extending rectangular corner projection having a curved top wall 242 and a pyramidally                      
              shaped integral part 248 extending upwardly from the top wall 242.                                          


                     In our view, the limitation that the opposed sidewalls have "a central portion with                  
              a substantially smooth, non-apertured inner surface for contacting the object and                           
              reducing force thereagainst'' as set forth in claim 12 is readable on Jacques '420.  In                     
              that regard, the solid portion between the two rows of apertures of each side piece 214                     
              and 216 of Jacques '420 is a central portion of the side wall with a substantially smooth,                  
              non-apertured inner surface for contacting the object and reducing force thereagainst                       
              when the container is in an assembled position.                                                             


                     The limitation that the opposed sidewalls have "a plurality of apertures around                      
              the periphery thereof surrounding the central portion" as set forth in claim 14 is readable                 
              on Jacques '420 since the two rows of apertures of each side piece 214 and 216                              
              surround the solid portion therebetween.                                                                    







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