The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte WILLIAM HUBBS, CHRIS GALARDI
and JAMES TRAPPANI
____________
Appeal No. 2005-1486
Application No. 10/099,423
____________
ON BRIEF
____________
Before FRANKFORT, MCQUADE, and BAHR, Administrative Patent Judges.
MCQUADE, Administrative Patent Judge.
DECISION ON APPEAL
William Hubbs et al. appeal from the final rejection (mailed
February 26, 2004) of claims 1 through 15, all of the claims
pending in the application.
THE INVENTION
The invention relates to “a carton that serves to both ship
and display a product” (specification, page 1). Representative
claim 1 reads as follows:
1. A product shipping and display carton, comprising:
a display box defined by a bottom panel and an upwardly
extending wall panel together forming a product carrying
enclosure, said display box having an open top defined
by a top wall panel edge opposite said bottom panel, said wall
panel having a reinforced top product-restraining rail and a
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