Appeal 2006-3311
Application 10/392,525
1 (Thiolat, col. 2, ll. 32-34). The Examiner has additionally found that folding
2 the two flaps of Thiolat would result in a coverage of about 100%.
3 The Examiner then concludes that it would have been obvious to one
4 of ordinary skill in the art to provide the coverage of more than 85% to
5 provide added protection. (Answer, p. 9, ll. 8-16).
6 The Appellant urges that neither Collins nor DeMay teach or suggest
7 opposing closure panels exceeding 85% of an area of an opening. Thiolat is
8 said not to have suggested first and second pairs of opposing closure panels.
9 (Br. p. 17, ll. 3-13).
10 The Appellant urges that the Examiner’s reading of Thiolat is
11 “illogical and inappropriate” because it deprives Thiolat of a closure means,
12 citing Thiolat, column 2, ll. 34-35. (Br. p. 17, ll. 18-20). Thiolat states that
13 its handle may be omitted and in the flaps E, E1 are replaced with lugs G, G1
14 and slits H, and H1 (Thiolat, col. 2, ll. 28-30). In other words, Thiolat
15 describes a four lugged closure. The entire section is reproduced below:
16 According to a modification which is not illustrated, the box
17 need not comprise a handle. In this case, the tabs E, E are suppressed
18 and may possibly be replaced by securing means such as the lugs G,
19 G1 and slits H, H1. According to another modification, the elements
20 F, F1 and the lugs G, G1 are suppressed and the parts D, D1 are
21 furnished either with tongues such as E, E1 or with lugs such as G, G1
22 co-acting with slits such as H, H1. Thus they may be deprived of
23 any closure means. In practice, however, the elements F, F1 cannot
24 be completely suppressed without the risk that the tongues P, P1 may
25 not find sufficient material for engagement with. Nevertheless, these
26 elements can be considerably reduced, that is to say the dimensions
27 just sufficient to permit the formation of the folding lines 4.
28
29 (Thiolat, col. 2, ll. 27-41) (bold reflecting the Appellant’s cited portion)
30 (italics reflecting the Examiner’s cited portion).
19
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