Appeal 2007-2111
Application 09/921,204
1
2 15. CIGARETTE PACK, WHOSE BOTH NARROW SIDES
3 ARE PLACED AT THE DISPOSAL OF ADVERTISERS OF
4 OTHER BRANCHES [OF TRADE, INDUSTRY, BUSINESS
5 etc] (Translation, p. 1 Title) (All text and emphasis original.)
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7 16. The cigarette packs are characterized in that the imprint or
8 stamp of an advertiser from another branch [of trade, business,
9 industry, services, etc] appears on the narrow sides.
10 (Translation, p. 1 ¶ 2) (All text original.)
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12 17. Purpose: In the case of these cigarettes packs [boxes], both
13 narrow sides are not imprinted – as until recently- with the
14 imprint or stamp of the cigarette-maker but are kept free for
15 advertisement imprints of other advertiser, in order to be able to
16 place therein their advertisements. (Translation, p. 2 ¶ 3) (All
17 text original.)
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19 18. [T]he cigarette manufacturer significantly increases its
20 profit by making available the advertisement space for fees or
21 remuneration. (Translation, p. 3, ll. 3-5.)
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23 From our review of Kapp, we make the following findings of fact:
24 19. Towards this goal, cereal boxes, for example, often include
25 cut-out cards or other associated paraphernalia which are
26 desired by children. (Col. 1, ll. 24-27.)
27
28 20. Both sides of the collectible card contain indicia, with one
29 side of the card preferably depicting an illustration and an
30 opposite side of the card including a description of the
31 illustration and other information associated with the
32 illustration and with respect to a numbering of a particular
33 series of collectible cards. (Col. 1, ll. 46-50.)
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