Ex parte FUSS - Page 3




          Appeal No. 96-0501                                                          
          Application 08/101,499                                                      


          Rejection (1)                                                               
               We will first consider this rejection with regard to claim             
          8, which reads:                                                             
               8.  A packing device comprising:                                       
               a container;                                                           
               an article disposed within the container; and                          
               at least one cushioning device disposed in the container               
          with the article, each such cushioning device having a sealed               
          flexible enclosure fabricated of a water soluble biodegradable              
          material, and a multitude of individual particles of water                  
          soluble biodegradable fill material within the enclosure, said              
          enclosure having a conformable external surface which engages the           
          article and a wall which serves as a protective barrier to keep             
          the fill material out of direct contact with the article, the               
          pressure within the enclosure being lower than the pressure                 
          outside the enclosure so that the fill material is compressed to            
          a volume on the order of 20 to 80 percent of the uncompressed               
          volume of said material.                                                    
               The examiner’s position with regard to this rejection is, in           
          essence, that (answer, page 3):                                             
                         It would have been obvious to use a                          
               multitude of particles and to provide the                              
               volume ratio as taught by Wright in the package                        
               and method of Bauman ‘521 to allow the user to                         
               control the amount of compression and to allow                         
               the cushion to more closely conform to the                             
               contents.                                                              

          As for the requirement that the enclosure and fill material both            
          be a “water soluble biodegradable material,” the examiner asserts           
          that (answer, page 4):                                                      


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