Ex Parte Baker - Page 5

                Appeal 2007-1593                                                                             
                Application 10/462,972                                                                       
                      Alden discloses a mailer comprising a container 11 with a cover 12                     
                connected to the container by a hinge 13.  The container 11 and cover 12 are                 
                provided with latching parts consisting of two recesses 15 on the container                  
                and cooperating detents 16 on the cover.  (Alden, col. 2, ll. 52-63.)  Alden’s               
                cover 12 comprises a large sidewall3 21 including a central depressed                        
                rectangular panel 22 discontinued at extreme corners of the rectangle along                  
                diagonal lines 23.  The sidewall 21 also includes vertically displaced, thin                 
                flat retaining flanges 24 substantially coextensive with the discontinued                    
                portions of the rectangle of panel 22.  An address card 20 is inserted into the              
                spacing between the depressed sidewall 21 and retaining flanges 24.  A                       
                raised rim 25 provides a rectangular border around sidewall 21 inside which                  
                the address card 20 is typically safe from snagging.  (Alden, col. 3, ll. 6-31.)             
                The retaining flanges permit the address card to be non-adhesively and thus                  
                removably secured to the cover so that the mailer can be used in hundreds or                 
                more mail shipments without the problem of adhesive address labels                           
                building up and eventually requiring removal (Alden, col. 1, ll. 14-15 and                   
                35-55).  Alden teaches a flexible plastic, such as isotactic polypropylene                   
                (Alden, col. 3, ll. 37-40), as the material for the mailer.  Alden is silent as to           
                transparency or opacity of the mailer.                                                       
                      Perrin and Hobbs evidence that it was well known at the time of                        
                Appellant’s invention to make containers transparent to permit the contents                  
                thereof to be seen without opening the container (Perrin, col. 4, ll. 16-19 and              
                Hobbs, col. 2, ll. 10-15).  Neither Perrin nor Hobbs is specifically directed to             
                a mailer, much less a mailer for magnetic tapes.                                             
                                                                                                            
                3 As illustrated in Figs. 1 and 2, Alden’s “sidewall 21” in fact appears to be               
                what would conventionally be considered the top surface of the cover.                        
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