Appeal 2006-3391
Application 10/371,485
accordance with the second step of the test, we find that Appellants'
Specification makes clear that the article to be packaged may be inserted
into the package either during the formation of the package, as in a
conventional wrap-around packaging as in Adams' method, or after (FF6).
We thus conclude that claim 7 does not require that the step of forming the
container be performed before the step of filling the container. Rather, a
method such as that taught by Adams, in which the article is inserted during
formation of the package, satisfies the claim language at issue.
For the reasons discussed above, Appellants' arguments do not
demonstrate error in the Examiner's rejections of claims 7, 11-17, 27 and 28.
The rejections are sustained.
SUMMARY
The decision of the Examiner to reject claims 7, 11-17, 27 and 28 is
affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 1.136(a)(1)(iv) (2006).
AFFIRMED
vsh
CYNTHIA L. FOULKE
NATIONAL STARCH AND CHEMICAL COMPANY
10 FINDERNE AVENUE
BRIDGEWATER, NJ 08807-0500
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