Ex Parte Fukuda et al - Page 1




         The opinion in support of the decision being entered today was             
         not written for publication and is not binding precedent of the Board      
                                                           Paper No. 19             

                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                   _____________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                   _____________                                    
                                Ex parte MASAO FUKUDA                               
                                 and MICHIHIRO KUBO                                 
                                  ______________                                    
                                Appeal No. 2004-2176                                
                              Application  09/996,624                               
                                  ______________                                    
                                      ON BRIEF                                      
                                  _______________                                   
         Before PAK, TIMM, and PAWLIKOWSKI, Administrative Patent Judges.           
         PAWLIKOWSKI, Administrative Patent Judge.                                  

                                 DECISION ON APPEAL                                 
              This is a decision on appeal from the examiner’s final rejection      
         of claims 1-5 and 18-20.                                                   
              On page 5 of the brief, appellants state that the claims stand        
         or fall together.  We therefore select the broadest claim from each        
         rejection, which are claims 1 and 3, set forth below:                      

            1. A packaging machine comprising:                                      
              a cylindrical chute;                                                  
              means for bending an elongated bag-making film into a tubular         
            form around said chute by mutually overlapping side edges of said       
            film;                                                                   
              a heater unit for longitudinally sealing said mutually                
            overlapping said edges of said film;                                    
              heater driving means for moving said heater unit between a            
            sealing position at which said heater unit contacts said film and       






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