Appeal 2006-2365
Application 10/209,736
box are bright yellow, but the internal portions, for example on the inside of the top
flaps, are a natural paperboard color. As such, there is no teaching or suggestion
from the Questar boxes that would have led one having ordinary skill in the art to
modify the triangular flaps of Croley to add indicia to the upper surface of the
flaps. Accordingly, we do not sustain the examiner’s rejection of claims 1, 2, 4-7,
9, and 10 as being unpatentable over Croley in view of Cummings or Questar.
CROLEY IN VIEW OF CUMMINGS OR QUESTAR AND
FURTHER IN VIEW OF WILEY
Claims 3, 8, and 11 stand rejected under 35 USC § 103(a) as being
unpatentable over Croley in view of Cummings or Questar and further in view of
Wiley. For the same reasons discussed supra, we find that Wiley does not cure the
deficiencies of the teachings of Croley, Cummings, and Questar, because Wiley
does not teach or suggest a blank or container having substantially triangular-
shaped panels with indicia on the upper surface. As such, we do not sustain the
examiner’s rejection of claims 3, 8, and 11 under 35 USC § 103(a) as being
unpatentable over Croley in view of Cummings or Questar and further in view of
Wiley.
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