Appeal No. 95-4590
Application 08/056,188
Hagert et al. (Hagert) 3,830,270 Aug. 20, 1974
Soubie 4,144,607 Mar. 20, 1979
Dry Enclosures, Seasafe #4055, sales brochure from Basic
Designs, Inc. 2
Claims 21, 22 and 26 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Seasafe #4055 in view of
Soubie and Hagert.
Claim 23 stands rejected under 35 U.S.C. § 103 as
being unpatentable over Seasafe #4055, Soubie and Hagert as
applied to claim 21 above, and further in view of Eckert.
Claim 27 stands rejected under 35 U.S.C. § 103 as
being unpatentable over Seasafe #4055 in view of Soubie.
2As indicated by appellants in Paper No. 4, filed May 12,
1994, the Seasafe #4055 bag seen on the sales sheet was shown
at a trade show in August 1991 and orders for the bag were
taken in January 1992. Thus, the Seasafe #4055 bag is prior
art against the present application which was filed May 3,
1993. It is further conceded by appellants that the Seasafe
#4055 bag had a rigid cap which screwed onto a semi-rigid
collar and that the bag relied upon a "jam-fit" between the
cap and the collar for water protection. It is urged by
appellants that none of these bags were shipped, because the
sealing arrangement did not work.
3
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