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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