Appeal 2006-3311
Application 10/392,525
1 25. Thiolat’s Fig. 1 which represents a plan view of a blank for
2 assembling into Thiolat’s foldable container, is reproduced below (slightly
3 reduced):
4
5
6 ANALYSIS
7 We first address the anticipation rejection over Thiolat.
8 i) The rejection of claims 9, 11, and 13 under 35 U.S.C. § 102(b) as
9 being anticipated by Thiolat.
10 Claim 9 reads as follows:
11 9. A reclosable food container assembled from a unitary blank, the
12 container comprising:
13 a bottom panel;
14 a first pair of opposing side panels extending from the
15 bottom panel;
16 a second pair of opposing side panels extending from the
17 bottom panel;
18 a plurality of foldable gussets; each gusset connecting
19 two adjacent side panels;
8
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