Ex Parte Remaks et al - Page 6



            Appeal 2006-2365                                                                              
            Application 10/209,736                                                                        
            Kuchenbecker to add indicia to the upper surface of the hidden triangular end flaps           
            of Kuchenbecker.                                                                              
                  Giampapa relates to a container formed from a single continuous portion of              
            sheet plastic or cardboard and having indicia on its inside surface so that it can be         
            unfolded and laid out to serve as an eating or activity mat (col. 3, lines 33-35 and          
            col. 4, lines 25-27).  We find no motivation to modify the container of                       
            Kuchenbecker to add indicia on the inside surface, as taught by Giampapa.                     
            Kuchenbecker relates to a tissue carton.  The container of Giampapa is a picnic               
            basket or a container used for carrying games or arts and crafts materials.  There is         
            no motivation to add such indicia as described in Giampapa to a tissue carton,                
            because the tissue carton of Kuchenbecker is not a continuous surface when                    
            unfolded and laid out (see e.g., Figure 1).  As such, the blank of Kuchenbecker               
            would not be useful as an eating or activity mat, as taught by Giampapa.                      
                  The examiner relied on Batchelor to teach only that it is known to make                 
            containers from corrugated cardboard.  Batchelor does not cure the deficiencies of            
            Kuchenbecker, Watts, and Giampapa, in that it does not teach or suggest                       
            triangular-shaped panels having indicia on the upper surface.  Batchelor, like                
            Kuchenbecker, relates to a tissue box (col. 1, line 6).  The container of Batchelor is        
            square and thus does not teach or suggest triangular-shaped panels (see e.g.,                 
            Figures 1-4).  Further, Batchelor contains no teaching or suggestion of any indicia           
            on any panels of the box.                                                                     
                  As such, we find that a person having ordinary skill in the art at the time the         
            invention was made, possessed with the teachings of Kuchenbecker, Watts,                      

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