Ex parte SESSIONS et al. - Page 2




          Appeal No. 2000-1313                                                        
          Application No. 08/797,478                                                  


                                     BACKGROUND                                       
               The appellants' invention relates to a tamper-evident                  
          sealed package for a product, such as a wound dressing.  An                 
          understanding of the invention can be derived from a reading                
          of exemplary claims 1 and 8, which are reproduced in the                    
          opinion section of this decision.                                           
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Kurtz et al. (Kurtz)          3,642,126                Feb. 15,             
          1972                                                                        
          Wardwell                      3,938,659                Feb. 17,             
          1976                                                                        
          Intini                        4,537,312                Aug. 27,             
          1985                                                                        
               The following rejections are before us for review.                     
          (1) Claims 1-7 and 16-20 stand rejected under 35 U.S.C. §                   
          103(a) as being unpatentable over Intini in view of Wardwell.1              
          (2) Claims 1-21 stand rejected under 35 U.S.C. § 103(a) as                  
          being unpatentable over Kurtz in view of Wardwell.                          



               1 It is apparent from a reading of the examiner's rejection as a whole 
          that the examiner's rejection is based on Intini in view of Wardwell,       
          notwithstanding the omission of Wardwell from the examiner's statement of the
          rejection in the final rejection (Paper No. 12, page 2) and the answer (Paper
          No. 15, page 4).                                                            
                                          2                                           





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