Ex Parte Wedi et al - Page 5



             Appeal No. 2006-1779                                                                               
             Application No. 10/249,810                                                                         


                          closure device, wherein the first and second connecting                               
                          flaps have outer ends proximal to the gussets, wherein                                
                          the outer ends are integrated into the closure seam                                   
                          portion connecting the front wall and the gussets or the                              
                          back wall and the gussets.                                                            

                   The examiner relies upon the following as evidence of unpatentability:                       
             Healy     US 6,461,043 B1  Oct. 8, 2002                                                            
             Takashi    EP 834,454 B1   Apr 8, 1998                                                             

                   The following rejection is before us for review.                                             
                   Claims 1, 2, 4-8, 10-13 and 15-17 stand rejected under 35 U.S.C. § 103(a) as                 
             being unpatentable over Takashi in view of Healy.                                                  
                   Rather than reiterate in their entirety the conflicting viewpoints advanced by               
             the examiner and the appellants regarding this appeal, we make reference to the                    
             examiner's answer (mailed December 15, 2005) for the examiner's complete                           
             reasoning in support of the rejection and to the appellants’ brief (filed November                 
             25, 2005) and reply brief (filed February 15, 2006) for the appellants’ arguments                  
             thereagainst.                                                                                      

                                                      OPINION                                                   
                   In reaching our decision in this appeal, we have given careful consideration                 
             to the appellants’ specification and claims, to the applied prior art, and to the                  


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