Appeal No. 2006-0836
Application No. 10/154,221
in the § 103 nonobviousness determination is whether a person of
ordinary skill in the art, having all of the teachings of the
references before him, is able to produce the structure defined
by the claim.” Id. (citations omitted). There is no question
in my mind that one skilled in the art, given the level of skill
and general knowledge in the art, would know how to apply the
prior art teachings to make the claimed bag with side seals.
The Appellant’s focus on this aspect of Ausnit is misplaced.
In addition to the cited prior art teachings showing
packages with side seals (La Pierre and Hustad), the general
knowledge in the art would clearly include the fact that plastic
bags are routinely made with two side seals. In addition to La
Pierre and Hustad, many other references evidence this level of
general knowledge regarding packages with side seals. Thus, one
skilled in the art, searching for alternative ways to provide
and improve upon tamper-evident features for packages with side
seals, would have considered the relevant art relating to
tamper-evident features, including those sited by the Examiner.
With that art before him or her, that skilled artisan would have
recognized that a second tamper-evident feature, such as that
disclosed in Ausnit or Hustad, could be used with traditional
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