Appeal No. 2005-1486
Application No. 10/099,423 2
removable panel portion below said open top and said reinforced
top product-restraining rail, defining a product viewing window
in said display box;
a shipping sleeve defined by a top panel and a downwardly
extending wall panel together forming a telescoping enclosure,
said shipping sleeve having an open bottom defined by a bottom
wall panel edge opposite said top panel, said display box being
positioned in said telescoping enclosure such that said open top
and said upwardly extending wall panel are substantially entirely
covered by said shipping sleeve; and
a removable fastener for securing said shipping sleeve to
said display box during shipment and permitting removal of said
shipping sleeve from said display box after shipment to display
product disposed within said product carrying enclosure of said
display box.
THE PRIOR ART
The references relied on by the examiner to support the
final rejection are:
Welshenbach 2,761,610 Sep. 04, 1956
Krizan et al. 3,982,690 Sep. 28, 1976
(Krizan)
Kim 6,135,288 Oct. 24, 2000
THE REJECTION
Claims 1 through 15 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Welshenbach in view of Kim and Krizan.
Attention is directed to the main and reply briefs (filed
July 1, 2004 and October 12, 2004) and answer (mailed August 11,
2004) for the respective positions of the appellants and examiner
regarding the merits of this rejection.
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