Ex Parte Schneider et al - Page 5



               Appeal No. 2006-1232                                                                         
               Application No. 09/761,500                                                                   

               Thompson (Fig. 4) cannot disclose both “said first [or second] interlocking                  
               member being positioned proximate to said distal end of said first [or                       
               second] flange portion” and “said distal end of said first [or second] flange                
               portion being free of attachment to said first [or second] wall,” as called for              
               in claim 1.  Appellants’ argument is well taken and lacks response by the                    
               Examiner.  The rejection cannot be sustained.                                                

               The Tilman rejections                                                                        
                      We address together the rejections of claims 1-4 as being anticipated                 
               by Tilman and as being unpatentable over Tilman in view of Thomas, as the                    
               Examiner’s rationale is essentially the same in both rejections.                             
                      As best seen in Fig. 2, Tilman discloses a resealable package having                  
               tamper-evident structure and a zipper-type closure mechanism 14, the                         
               closure mechanism including first and second interlocking profiles 130, 131                  
               closable by slider device 160 (col. 6 – not shown in Fig. 2).  The                           
               interlocking profiles 130, 131 include bonding strips 132, 142 and first and                 
               second interlocking closure members 134, 144 projecting from base strips                     
               133, 143.  The bonding strips 132, 142, respectively, are secured to the first               
               and second panel sections 19, 20, respectively, of the package (col. 5, ll. 21-              
               24).  The closure members 133, 134, which respond to the first and second                    
               interlocking members recited in claim 1, are positioned proximate distal                     
               ends of the profiles 130, 131 free of attachment to the first and second panel               
               sections 19, 20.  In the embodiment of Fig. 2, Tilman illustrates and                        
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