Appeal No. 96-3465
Application No. 07/848,856
Appellants point out (Brief, p. 11):
Claim 3 includes the method steps of “inserting a
heating element” into a [sic, an] open end of a
cylindrical formed material. None of the references
cited by the Examiner show or suggest a step of
inserting a heating element within an open end of bag
material. The methods disclosed in the Examiner’s
cited references relate to cutting and/or sealing
layered materials. In Tumminia and Young, the layers
are pressed together as part of the heat sealing
process; however, none of the references teach the step
of inserting the heating element between the layers or
the open ends of the bag material.
The examiner has failed to provide a basis for the
conclusions that “the manipulative step of inserting the heating
element is taught by the obvious combined references” and
“[h]eating elements with plurality of heating parts are directed
to mere matters of apparatus design choices” (Answer, p. 6). See
McLaughlin, 443 F.2d at 1395, 170 USPQ at 212 (a proper judgment
of obviousness “does not include knowledge gleaned only from
applicant’s disclosure”). To the extent that Colombo discloses
(Supplemental Answer (Paper No. 19), p.1):
[W]rapping material (a) about heating [element] and
pressing the material to facilitate its melting . . . .
[and] the removal of his heating element “off” the
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