Appeal No. 2005-1486
Application No. 10/099,423 3
DISCUSSION
I. Grouping of claims
As the appellants, stating that “[c]laims 1-15 stand or fall
together” (main brief, page 3), do not argue separately the
patentability of any particular claim apart from the others, all
of the appealed claims shall stand or fall with representative
claim 1 (see In re Young, 927 F.2d 588, 590, 18 USPQ2d 1089, 1091
(Fed. Cir. 1991); In re Wood, 582 F.2d 638, 642, 199 USPQ 137,
140 (CCPA 1978)).
II. The merits
Welshenbach, the examiner’s primary reference, discloses “a
vertically elongated container or carton that has strength and
rigidity enough to make it suitable for shipping loose, heavy
articles such as nails, bolts, nuts, screws or the like” (column
1, lines 19 through 22). In general, the carton comprises an
inner box A and a cover box B having substantially identical
constructions with slight differences in dimension to permit the
cover box to fit closely over the inner box. As described in
more detail by Welshenbach,
[t]he inner box A of the present invention is
preferably vertically elongated and has parallel
upright single ply walls 1 and 2. The other two walls
of the box are double ply walls having outer plies 3
and 4 that are hinged to and integral with the side
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