Appeal Number: 2006-1409
Application Number: 10/326,010
container is opened should be included. A person of ordinary skill in the art would
understand that this would assist in the opening of the container even without the
inclusion of a depression as is depicted in Takata.
ANALYSIS
While Takata teaches that the projecting portion is used in conjunction with
a depression 13, Takata nonetheless teaches that the projecting portion affects the
openability of a container. A person of ordinary skill in the art would have
understood that the narrow section of the projecting portion would have less heat
seal strength and thus make the container easier to open at the point of the
narrower portion of the projecting portion. Therefore, a person of ordinary skill in
the art would have been motivated to include a projecting portion, which is a
straight-line segment, in the Kocher container to increase the openability of the
package at the corners of the package proximate the tab.
CONCLUSION OF LAW
On the record before us, appellants have failed to show that the examiner
erred in holding that a person of ordinary skill in the art would have included the
straight-line segments taught by Takata in the Kocher container. Therefore, we
will sustain the examiner’s rejection of claims 1 and 21. We will also sustain the
examiner’s rejection of claims 2 to 20 because the appellants have not argued the
separate patentability of these claims.
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