Appeal 2007-2111
Application 09/921,204
1 skill.” Id. at 1740, 82 USPQ2d 1396. “Under the correct analysis, any need
2 or problem known in the field of endeavor at the time of invention and
3 addressed by the patent can provide a reason for combining the elements in
4 the manner claimed.” Id. at 1742, 82 USPQ2d at 1397.
5 ANALYSIS
6 From the description of Ford (fact 5) that the boxes are shipped from
7 the factory with the number of rings and the size thereof shown on one face
8 of the box, we find that the product is shipped in the box and not put into
9 another container for shipping as advanced by Appellant (Reply Br. 5). We
10 find Appellant’s assertion (id.) that "common sense also dictates that one
11 would not ship the piston rings in the same box without an outer or larger
12 container" to be unsupported by any convincing evidence in the record. In
13 any event, even if the box of Ford was placed into another box for shipping,
14 the product is still shipped in box 1.
15 In addition, from the description of Ford (facts 5-6) that the box or
16 carton that holds the rings is shipped, we find that the box or carton 1 of
17 Ford is a shipping/packaging carton.
18 Moreover, from the description of Ford (fact 8) that the box or carton
19 is made from a single piece of cardboard, and the description of Zimmerman
20 (facts 10 and 11) that the shipping or mailing container can be made from
21 any type of any standard type of construction comprising corrugated
22 cardboard, we find that an artisan would have been motivated to make the
23 cardboard box of Ford from corrugated cardboard.
24 Additionally, from the description of Jenniches (fact 13) that the
25 cigarette package carries advertisements from a source other than the
12
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