Ex Parte Barmore et al - Page 4

             Appeal Number: 2006-1409                                                                            
             Application Number: 10/326,010                                                                      

                   Kocher discloses a package with a two layer film attached to the package by                   
             a heat seal 30.  The two layer film consists of an upper gas-impermeable layer 34                   
             and a lower gas-permeable layer 32 (col. 11, lines 15 to 27).  As depicted in                       
             Figure 1, the heat seal has straight portions 26 connected to one another by a                      
             curved corner portion.  Kocher also discloses a pull tab 28.  Kocher does not                       
             disclose a straight-line segment proximate the pull tab 28.                                         
                   Takata discloses a method for producing an easily openable container.  The                    
             container includes a lid 3 connected to the flange 2 of the container by a heat seal 6              
             (col. 3, lines 42 to 49).  The heat seal 6 includes straight portions connected to one              
             another by a straight line projecting portion 7 (Figure 2).  The projecting portion 7               
             is preferably made narrower toward the top of the portion (col. 4, lines 7 to 9).                   
             Takata discloses that the projecting portion is 5 to 10 mm in width and 2 to 5 mm                   
             in length and that if the size of the projecting portion is too large it will affect the            
             openability of the container (col. 4, lines 10 to 12).  Takata also discloses that the              
             projecting portion projects outward from notch 5 for beginning opening of the                       
             container.  A depression 13 is made in the innermost layer 11 of the lid 3 at the                   
             outermost edge of the projecting portion (Figure 3(a)).  Takata further discloses                   
             that opening starts at depression 13 and proceeds along the second circular notch 5                 
             (col. 4, lines 36 to 39).  Opening in the Takata device is achieved by the combined                 
             operation of depression 13 and projecting portion 7.  The narrower portion of the                   
             projecting portion makes opening of the container easier at the point of the                        
             projecting portion because there is less heat seal strength at the narrower portion.                
                   A person of ordinary skill in the art would understand, from a reading of                     
             Takata, that in order to achieve easier opening of a lid or film connected to a                     
             container by a heat seal, a projecting portion that narrows at the corners where the                

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