Appeal 2007-0008
Application 09/818,023
Claims 8-10 and 12-15 are rejected under 35 U.S.C. § 103(a) as
unpatentable over Campbell in view of Appellant’s admission (Specification
36:24-26), Seufert ‘916, Seufert ‘206, and Haddock.
As evidenced by Haddock, the use of counter plates having slots or
channels in cooperation with a rule for forming creases (fold lines) in carton
blank material was known in the art at the time of Appellant’s invention
(Finding of Fact 8). A person of ordinary skill in the art would have
appreciated that a counter plate formed with an appropriately shaped slot or
channel for use in cooperation with the scoring rule would be beneficial in
the scoring device of Campbell to form a fold line having a first wider
section, a second narrower section, and a transition zone between the first
and second sections having a width gradually increasing from the narrower
width to the wider width. Thus, a counter plate having a groove shaped as
recited in claims 8-10 and 12-15 would have been obvious for use in
Campbell’s scoring device.
SUMMARY
The decision of the Examiner to reject claims 1-15 under 35 U.S.C.
§ 103(a) is reversed. New rejections of claims 1-15 under 35 U.S.C.
§ 103(a) are entered pursuant to 37 C.F.R. § 41.50(b).
This decision contains new grounds of rejection pursuant to 37 C.F.R.
§ 41.50(b). 37 C.F.R. § 41.50(b) provides “[a] new ground of rejection
pursuant to this paragraph shall not be considered final for judicial review.”
37 C.F.R. § 41.50(b) also provides that Appellant, WITHIN TWO
MONTHS FROM THE DATE OF THE DECISION, must exercise one of
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