Ex Parte Zoeckler et al - Page 10



             Appeal No. 2006-2895                                                 Page 10                    
             Application No. 09/971,469                                                                         
             when considered alone or in combination, teach or suggest the claimed step of                      
             “cutting the attached carton sheet and the associated reinforcing material to form                 
             carton blanks.”                                                                                    
                   The remaining prior art references relied upon by the examiner do not cure                   
             the deficiencies of Anderson and Walsh.  In particular, Goldsborough discloses a                   
             printing station that is used as part of a box forming system (10).  The system (10)               
             of Goldsborough merely prints information on the carton blank (24) prior to the                    
             blank entering the die cutter station (18).  Goldsborough, col. 3, lines 14-25.                    
             Goldsborough does not teach or suggest a system in which a strip of reinforcing                    
             material is adhered to a carton sheet prior to cutting the reinforcing strip and carton            
             sheet to form carton blanks, as required by claim 1.  Mitchard discloses a method                  
             for applying a liner to a carton blank, in which the method commences with a pre-                  
             cut blank (10).  Mitchard, Figure 1, col. 4, lines 12-16.  A liner (11) is aligned with            
             the blank (1) and then adhered to the blank (10).  Mitchard, col. 6, lines 2-6 and                 
             36-46.  There is no disclosure in Mitchard as to whether the liner is cut.  As such,               
             these prior art references do not render the method of claim 1 obvious.                            
             Accordingly, we do not sustain the examiner’s rejection of claim 1 under 35 U.S.C.                 
             § 103(a) as being unpatentable over Anderson taken alone or in combination with                    
             Walsh.                                                                                             
                   The rejections of the remaining dependent claims 2-12 rely upon the                          
             underlying rejection of independent claim 1.  For the reasons provided supra, we                   
             also do not sustain the examiner’s rejection of these claims.  See In re Fine, 837                 
             F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988) (If an independent claim is                              
             nonobvious under 35 U.S.C. § 103, then any claim dependent therefrom is                            
             nonobvious).                                                                                       





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