Ex Parte Zimmer et al - Page 9

               Appeal 2007-1229                                                                             
               Application 10/325,333                                                                       

           1                from their containing portion 18 upward into the now                            
           2                contiguous co-extending communicating portion 20.                               
           3                                                                                                
           4          (Lizio, col. 5, l. 67-col. 6, l. 6).                                                  
           5   From our review of Kim, we make the following findings of fact:                              
           6          17. The present invention is directed to a tear strip opening feature                 
           7                for containers, and more particularly to a container including a                
           8                continuous sealing tape provided with a novel and improved                      
           9                form of tear strip opening device.                                              
          10                                                                                                
          11          (Kim, col. 1, ll. 13-17).                                                             
          12          18. “If desired, the tape may be provided with perforated punch                       
          13          lines or other lines of weakness along the edges of the tear strip to                 
          14          facilitate easy removal of the tear strip for opening the                             
          15          container.  (Kim, col. 1, ll. 22-26).                                                 
          16          19. “In order to open the container, the tear band is gripped at one                  
          17          end and pulled upwardly.”  (Kim, col. 1, ll. 45-47).                                  
          18          20. “The band 14 is disposed within spaced perforated punch lines                     
          19          18 (FIG. 1, 6), whereas the thread 15 is located below a single                       
          20          perforated punch line 18' (FIG. 7).”  (Kim, col. 3, ll. 26-29).                       
          21          21. “When it is later desired to open the package, the band 14 or                     
          22          thread 15 is freed-up at the free end of the tape 13 and pulled away                  
          23          from the package to tear the sealing tape and thereby open the                        
          24          package.”  (Kim, col. 3, ll. 59-63).                                                  
          25   From our review of Miller, we make the following findings of fact:                           
          26          22. “The present invention relates to an improved release paper for                   
          27          pressure sensitive adhesive which is characterized by an improved                     



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