Appeal 2007-2107
Application 10/190,123
having a row of carriers only after advancing the web away from the punch,
as opposed to separating into individual webs during the punching (Answer
7; Reply Br. 5).
We determine that the Examiner has properly established a prima
facie case of obviousness in view of the reference evidence, which prima
facie case has not been adequately rebutted by Appellant’s arguments.
Therefore we AFFIRM both grounds of rejection on appeal essentially for
the reasons stated in the Answer, as well as those reasons set forth below.
OPINION
We determine the following factual findings from the record in this
appeal:
(1) Broskow discloses a method of making plastic carriers for carrying
containers comprising providing two continuous sheets of plastic material,
joining the two sheets at a seam or joined portion by heat seal fusing to form
a combined sheet, stamping the combined sheet by a stamping die
(punching) to form a continuous strip of carriers having a handle and
apertures, and rolling the continuous web of carriers (Answer 3; see
Broskow, Figures 1 and 5; Abstract; col. 1, ll. 5-6 and 57-65; col. 3, ll. 40-
42; and col. 4, ll. 30-57);
(2) Fisher discloses a carrier for containers with slits and holes made
by a punch press, and teaches that the carrier could be formed from a blank
much wider that that shown, with several carriers being formed
simultaneously side by side (Answer 4; see Fisher, col. 1, ll. 8-9; col. 2, ll.
12-19; and Figures 1 and 2);
4
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