Ex Parte Fath et al - Page 3



         Appeal No. 2006-1371                                                       
         Application No. 10/323,250                                                 
                                      OPINION                                       
              We reverse the rejection over Carnes, affirm the rejection            
         over Evers in view of Carnes, affirm the rejection over Chacko in          
         view of Carnes, and remand the application to the examiner to              
         consider new rejections of claims 19-23.                                   
                               Rejection over Carnes                                
              Carnes discloses a package for dispensing, one at a time, a           
         plurality of wrapped individual packages such as cigarette packs           
         (col. 1, lines 16-20; col. 2, line 55; figures 1 and 3).  The              
         wrapped individual packages (10) are placed on a supporting                
         tray (11), and the bottoms of their wrappers (15) are adhesively           
         fastened to the bottom (17) of the tray (col. 1, lines 57-60;              
         col. 2, lines 17-19).  Each of the wrappers has a line of                  
         weakness around it such that when the individual package is                
         removed from the tray, the wrapper severs along the line of                
         weakness leaving a portion (18) of the wrapper adhesively                  
         attached to the tray and exposing an opened end of the individual          
         package (col. 2, lines 20-28).  Thus, the dispensing package               
         provides quick access to the contents of the wrapped individual            
         package by combining into a single step what formerly took two             
         steps (removing and opening) (col. 3, lines 12-15).  Also, the             
         dispensing package saves carton material and provides an                   
         attractive multiple package display (col. 3, lines 15-17).                 
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