Appeal No. 2003-0501
Application No. 09/110,455
art to provide the bag of Wilhoit with a patch from the same
material used to form the bag.
Appellants also request that we address the discussion of
Childress in appellants' Brief. First, as acknowledged by
appellants, Childress does not form part of the examiner's
rejection. Furthermore, Childress's disclosure of a patch that
is either 100% homogeneous EAO or a blend of LLDPE and
homogeneous EAO does not address the obviousness of utilizing a
patch formed from the same material as the bag.
In conclusion, based on the foregoing, we have modified our
decision to the extent that we affirm the examiner's final
rejection of claims 1-9, 11, and 13-18 under 35 U.S.C. § 103 and
obviousness-type double patenting. Appellants' request to
reverse the examiner's rejection of the appealed claims is
denied.
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