Appeal No. 2000-1313
Application No. 08/797,478
Wardwell is discussed above.
Claims 1-7 and 16-213
Each of these claims requires that the top sheet and
bottom sheet include tabs which extend beyond the sealing area
and are not sealed to one another and at least one perforation
in the sealing area of the top sheet so that as the sheets are
separated from each other the top sheet tears adjacent the at
least one perforation.
The Kurtz package comprises a top sheet and a bottom
sheet sealed together at their peripheries, with both the top
and bottom sheets being provided with perforations 9 in the
sealing area. However, we find no structure in the Kurtz
package that corresponds to the recited tabs which extend
beyond the sealing area and are not sealed to one another. We
do not share the examiner's view (answer, page 6) that Kurtz'
disclosure in column 3, lines 54-57, in any way teaches or
suggests tabs included in the top and bottom sheets which
3 Appellants' grouping of dependent claim 21 with claims 8-15 appears to
be in error, as claim 21, like independent claims 1 and 16, recites both the
tabs and the perforation. Accordingly, we shall consider claim 21 along with
claims 1-7 and 16-20.
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