Ex Parte Autterson - Page 7

                Appeal 2007-2111                                                                                  
                Application 09/921,204                                                                            

            1          The limitations regarding the carton of claim 11 substantially                             
            2          parallels the language found in the method steps of claim 1.                               
            3   From our review of Ford, we make the following findings of fact:                                  
            4          3.  This invention pertains to boxes or cartons designed                                   
            5          primarily to hold and enclose a plurality of units of                                      
            6          merchandise of a fixed size and character, and from which one                              
            7          or more units may be removed, from time to time. (Col. 1, ll.                              
            8          1-5.)                                                                                      
            9                                                                                                     
          10           4.   The main object of the invention is to provide as a portion                           
          11           of the carton, an element which may be brought into masking                                
          12           position with reference to a numeral appearing on the carton                               
          13           indicating the number of units initially packed in the carton, and                         
          14           at the same time to present a surface upon which may be placed                             
          15           a numeral indicating the number of units remaining within the                              
          16           carton after removal of one or more of such units. (Col. 1, ll.                            
          17           8-16.)                                                                                     
          1 8                                                                                                     
          19           5.  [I]t may be said that all boxes are shipped from the factory.                          
          20           (Col. 1, ll. 18-19.)                                                                       
          21                                                                                                      
          22           6.  Hence, it is generally the custom to pack the higher number                            
          23           of rings in each box or carton and for the salesman or jobber to                           
          24           remove the desired number, close the box and return it with the                            
          25           remaining rings to the shelf, the box still showing the original                           
          26           index number, say “12”.  (Col. 1, ll. 33-39.)                                              
          27                                                                                                      
          28           7. The box . . . ha[s] a surface upon which may be written, if                             
          29           desired, the number of rings remaining in the box. (Col. 1, ll.                            
          30           42-48.)                                                                                    
          31                                                                                                      
          32           8.  [T]he carton is made up in the instant case from a single                              
          33           piece of cardboard. (Col. 2, ll. 25-26.)                                                   
          34                                                                                                      



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