Appeal Number: 2006-1409
Application Number: 10/326,010
Appellants invented packaging for products that are enclosed between a tray or
other support member and a flexible film lid sealed thereto. An understanding of
the invention can be derived from a reading of exemplary claim reproduced below.
1. A package for a food product, comprising:
a tray for supporting a food product, the tray defining an upper surface;
a multilayer film lid attached to the upper surface of the tray by a heat seal that
extends about a perimeter surrounding the food product, an outer edge of the heat
seal having two substantially straight portions that are joined by a corner portion of
the heat seal, the lid having upper and lower layers joined together such that the
upper layer can be peeled from the lower layer, the lower layer being permeable to
oxygen and the upper layer being substantially impermeable to oxygen, the lid
having a pull tab portion that extends out beyond the corner portion of the heat
seal; and
a film fracture feature defined in the corner portion of the heat seal proximate
the pull tab portion, the film fracture feature comprising a portion of the outer edge
of the heat seal formed as a straight-line segment oriented at a non-perpendicular
angle to each of the two substantially straight portions of the heat seal, whereby
pulling upward on the pull tab portion focuses forces on said straight-line segment
to break the lower layer along the film fracture feature and thereby initiate fracture
between the upper and lower layers of the lid.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Takata 5,334,272 Aug. 2, 1994
Kocher 5,779,050 July 14, 1998
The examiner rejected claims 1 to 21 under 35 U.S.C. § 103 as being
unpatentable over Kocher in view of Takata.
The examiner contends that it would have been obvious to provide the
container of Kocher with the film fracture feature extending in a straight line
oriented at a non-perpendicular angle to the two straight portions, as disclosed in
2
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