Ex parte LYONS - Page 8




          Appeal No. 1999-0945                                                        
          Application 08/786,665                                                      


               “sufficient flexibility to said envelope for it                        
               to be wrapped around and assume the shape of a first                   
               article without change in said differential air                        
               pressure, returned to said planar shape without                        
               change in said differential air pressure, and for it                   
               to be wrapped around and assume the shape of a                         
               second and differently shaped article without change                   
               in said differential air [sic, pressure]”.                             


          Thus, while the evacuated envelope in Jarvis forms a                        
          rigid matrix structure about the article to be protected,                   
          which structure is said to maintain its shape so long as the                
          envelope is evacuated, the reusable envelope claimed by                     
          appellant is expressly required to have only a certain level                
          of rigidity and to retain sufficient flexibility so that it                 
          can be a) wrapped around and assume the shape of a first                    
          article to be protected without change in said differential                 
          air pressure, b) returned to said planar shape without change               
          in said differential air pressure, and c) wrapped around and                
          assume the shape of a second and differently shape article                  
          without change in said differential air pressure.  Given such               
          a stark distinction in the physical                                         
          properties of the packaging envelope of Jarvis compared with                
          those of the packaging envelope claimed by appellant, we must               
          disagree with the examiner’s conclusion that appellant’s claim              
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