Ex Parte Roseth - Page 2

                Appeal 2006-3311                                                                              
                Application 10/392,525                                                                        

           1                 1.  A reclosable food container assembled from a unitary blank,                  
           2                 the container comprising:                                                        
           3                       a bottom panel;                                                            
           4                       a first pair of opposing side panels extending from the                    
           5                 bottom panel;                                                                    
           6                       a second pair of opposing side panels extending from the                   
           7                 bottom panel;                                                                    
           8                       a plurality of foldable gussets; each gusset connecting                    
           9                 two adjacent side panels;                                                        
          10                       a first pair of opposing closure panels extending from the                 
          11                 first pair of opposing side panels and each closure panel having                 
          12                 an opposing hook closure device; and                                             
          13                       a second pair of opposing closure panels extending from                    
          14                 the second pair of opposing side panels and each closure panel                   
          15                 having an opposing hook closure device,                                          
          16                       wherein the pairs of closure panels may be closed in an                    
          17                 arbitrary order.                                                                 
          18                                                                                                  
          19          The Examiner has rejected claims 1, 5, 7-11, and 13-15 under 35                         
          20    U.S.C. § 103(a) (2004).                                                                       
          21          The prior art relied upon by the Examiner in rejecting the claims on                    
          22    appeal is:                                                                                    
          23          Collins    US 2,562,261 Jul.    31, 1951                                                
          24          Thiolat    US 3,012,705 Dec.  12, 1961                                                  
          25          DeMay    US 5,411,204 May  02, 1995                                                     
          26                                                                                                  
          27          The rejections under review in this appeal are as follow:                               
          28          Claims 1, 5, 7-11, and 13-15 stand rejected under 35 U.S.C. § 103(a)                    
          29    as being unpatentable over the combined teachings of  DeMay and Collins.                      
          30          Claims 9, 11, and 13-14 stand rejected under 35 U.S.C. § 103(a) as                      
          31    being unpatentable over the combined teachings of DeMay and Collins,                          
          32    further in view of Thiolat.                                                                   


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