Ex Parte Varanese et al - Page 2

                  Appeal 2007-2440                                                                                         
                  Application 10/913,902                                                                                   
                  A. Introduction                                                                                          
                         Applicants ("Varanese") appeal under 35 U.S.C. § 134 from the final                               
                  rejection of claims 1–5 and 10–16 as obvious under 35 U.S.C. § 103(a).2                                  
                  We have jurisdiction under 35 U.S.C. § 6(b).  We REVERSE.                                                
                         The claimed subject matter relates to resealable containers.  In                                  
                  particular, Varanese seeks patent protection for a sealing system wherein                                
                  two "cohesive layers" affixed to "sealing surfaces" of a container, such as                              
                  the opposed faces of a plastic bag, are brought together.  According to                                  
                  Varanese, because the two cohesive layers adhere to one another less                                     
                  strongly than they adhere to the container, the container may be opened and                              
                  closed repeatedly without damaging the container.  (Specification                                        
                  at 4:26-32.)                                                                                             
                         Claim 1, the sole independent claim, is representative of the issues on                           
                  appeal, and may be understood with reference to the particular embodiment                                
                  shown in Figure 1B:                                                                                      
                                A container [100] comprising                                                               
                                a body [103] forming a container and at least two sealing                                  
                                surfaces                                                                                   
                                and a cohesive reclosure [101, 102]adhered to the sealing                                  
                                surfaces,                                                                                  
                                       wherein the cohesive reclosure comprises two                                        
                                       cohesive layers,                                                                    
                                               wherein the bond strength between the                                       
                                               cohesive layers [101, 102] is less than the                                 
                                               bond strength between the cohesive layers                                   
                                               and the sealing surfaces.                                                   
                                                                                                                          
                  2 We are advised that claims 7–9 have been withdrawn from consideration                                  
                  by the Examiner and are not on appeal  (Br. at 2).                                                       
                                                            2                                                              

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