Appeal No. 2006-1546
Application No. 09/974,262
Dependent claims 2 and 10 require “a groove [is] defined in
a side face of said ridge and extends to a bottom of said at
least one tear line” (claim 2), and “said ridge extends to the
bottom of said one tear line” (claim 10). The Examiner
indicates that Otsuka’s Figure 5 embodiment shows that the ribs
(i.e., ridges) 26 have breakage origin parts (i.e., grooves) 28
that extend to a bottom of the breaking part (i.e., tear line)
16a. (Answer, page 3).
Appellants argue that Otsuka’s ribs (i.e., ridges) do not
include a groove defined in a side face and extending to a
bottom of the breakage part (i.e., tear line) as claimed in
claims 2 and 10. (Brief, page 14). Appellants refer to Otsuka’s
Figures 1-4 to show that the breakage origin part 28 is a notch
that extends a short distance down the height of the rib (i.e.,
ridge) 26. (Brief, page 14). However, the Examiner expressly
states that he is not relying on Otsuka’s “notch” 28 embodiment
shown in Figure 4 to teach the features of claims 2 and 10.
(Answer, pages 5 and 6). Rather, the Examiner relies on
Otsuka’s Figure 5 to show that the side of the rib (i.e., ridge)
26 has a breakage origin part 28a formed by reducing the
thickness of the rib (i.e., ridge) 26 so as to form a thin
portion (i.e., a groove) in the side of the rib (i.e., ridge).
16
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