Appeal No. 1998-1730
Application 08/577,583
Claims 1 to 4 and 6 stand finally rejected under 35 U.S.C.
§ 103(a) as unpatentable over Michaelis in view of Layte.
On June 5, 1997, the examiner issued an Advisory Action
(Paper No. 9) stating that the amendment filed on May 13, 1997
(Paper No. 8) would be entered upon the filing of an appeal. In
that amendment, part (4) of claim 1 was amended by adding the
following language:
wherein the sealing bands are melted in a
linear fashion to bond the sealing bands to
the outer edges of the folded pack, and
wherein at least two straight-line bonding
beads, running parallel to one another, are
formed along each outer edge of the folded
pack and bound at least one substantially
uncompressed section.
Appellant argues in the brief (page 7) that there is no
disclosure in Michaelis or Layte of straight-line bonding beads
bounding a substantially uncompressed section, as recited in the
above-quoted language.
The examiner has not responded to this argument. Even
assuming that it would have been obvious to modify Michaelis in
view of Layte as the examiner proposes, the examiner does not
point out, nor do we find, where in either of these references
there is anything which would teach or suggest the claimed
formation of at least two straight-line bonding beads along each
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