Appeal 2006-2365
Application 10/209,736
The appellants argue that there is there is no teaching, suggestion, or
motivation to add indicia on the upper surface of the end flaps (51-56) of
Kuchenbecker because these end flaps are internal structural supports for their
respective octagonal end panels (42 and 44), and thus, the end flaps are not
externally visible when the container is formed. Brief, p. 9. We agree with the
appellants’ position.
As shown in Figure 5, the triangular end flaps (51, 51’, 52, 52’, 54, 54’, 56,
and 56’) of Kuchenbecker are inwardly folded such that they underlie and support
each of the respective octagonal end panels (42, 44) to form a rigid end to the
octagonal prism (col. 3, lines 18-23 and col. 4, lines 54-57).1 We find that the
teachings of Watts, Giampapa, and Batchelor, when combined with Kuchenbecker,
would not have led one of ordinary skill in the art to the claimed invention. Watts
relates to a container (19) made from a blank. Watts discloses that the outside
surface of the container is laminated with a sheet of metallic foil and treated to give
the appearance of a basket weave (col. 3, lines 23-27). Watts, similar to
Kuchenbecker, teaches adding a decorative pattern only to the outer surface of the
container. As such, there is no motivation in the combined teachings of Watts and
1 We note that Kuchenbecker teaches that the outer surface of the blank (B1)
is preferably printed with a decorative pattern for display to the consumer (col. 4,
lines 61-63). Because the end flaps of Kuchenbecker are not externally visible to
the consumer, however, we find it speculative to read this disclosure of
Kuchenbecker to teach or suggest printing a decorative pattern on the hidden
portions of the blank. Rather, we interpret this disclosure of Kuchenbecker to
teach or suggest adding decorative printing only on the portion of the blank (B1)
that is disposed on the outer surface of the container, and thus visible to the
consumer, once the container is formed.
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