Appeal No. 2006-1371
Application No. 10/323,250
using a particular package but, instead, are claiming a method
for making a package. Hence, to set forth a prima facie case of
obviousness of the claimed invention the examiner must establish
that the claimed method for making the package would have been
fairly suggested to one of ordinary skill in the art by the
applied prior art, and the examiner has not done so. Moreover,
in our view, the showing of a low profile tray (11) with short
end and sidewall (Figs. 1-3) coupled with the specific disclosure
in Carnes that such a configuration saves a substantial amount of
carton material would have discouraged one of ordinary skill in
the art from seeking to modify the tray of Carnes in the manner
urged by the examiner.
For the above reasons we conclude that the examiner has not
carried the burden of establishing a prima facie case of
obviousness of the method claimed in the appellants’ claims 19-
23).
Rejections over Evers or Chacko, in view of Carnes
Evers discloses a cigarette carton that can be opened by
either detaching panel 118 from front wall 110, or disconnecting
webs 114a-d from either or both panels 110 and 112 (col. 4, lines
51-58; fig. 3).
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