Ex Parte SILVER et al - Page 7

            Appeal No. 2006-1300                                                    
            Application No. 08/203,672                                              

            of the bag or pouch.  Claim 20 does not recite a “writing               
            area,” let alone a “writing area” that is formed integral               
            with and from the bag by the same sealing technique as the              
            enclosure so that the “writing area” is on the bag.  Claim              
            20 also does not include any limitation that excludes, or               
            is otherwise inconsistent with, a bottom seal such as the               
            seal 17 disclosed by Graham.                                            
                 The appellants additionally contend that Graham does               
            not disclose “the simplified releasably sealed seam bag                 
            access of Claim 20” (main brief, page 10) or “a bag access              
            which permits attachment to a breastpump as in the present              
            invention” (main brief, page 10).                                       
                 Here again, such arguments are unpersuasive because                
            they are not commensurate with the actual scope of claim                
            20.  Simply put, claim 20 does not recite a releasably                  
            sealed seam bag access or a bag access that permits                     
            attachment to a breast pump.                                            
                 Finally, the appellants submit that the subject matter             
            recited in claim 20 is not anticipated because Graham fails             
            to disclose “using a bag access portion of the enclosure                
            itself in first and second positions to respectively seal               
            or permit access to the bag” (reply brief, page 4) for the              
            introduction of breast milk.                                            

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