Ex Parte Overholt - Page 19




              Appeal No. 2005-1278                                                                Page 19                 
              Application No. 10/145,226                                                                                  



                     The limitation that the base has a plurality of upstanding corner members each                       
              having "a contoured surface" and the opposed side walls have a second portion having                        
              "a complementary contour for mating with a corresponding contoured surface of the                           
              upstanding corner member" as set forth in claim 25 is readable on Jacques '420.  In that                    
              regard, the posts 240 of Jacques '420 have a curved top wall 242 and a pyramidally                          
              shaped integral part 248 which are accommodated by opposite end pieces 218 and 220                          
              when the container is in its erected position shown in Figure 8.                                            


                     The limitation that the opposed sidewalls have "central portion having a                             
              substantially smooth, non-apertured inner surface'' as set forth in claim 28 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.                                                          


                     The limitation that the opposed sidewalls have "a plurality of apertures in the                      
              peripheral portion" as set forth in claim 29 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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Last modified: November 3, 2007