Appeal No. 95-4590
Application 08/056,188
spective positions articulated by appellants and the examiner.
Upon evaluation of all the evidence before us, we have reached
the determinations which follow.
Turning first to independent claim 27 on appeal, we
are in agreement with the examiner that the Seasafe #4055 bag
is fully responsive to the waterproof carrying bag of appel-
lants' claim 27, except that it lacks a sealing gasket in the
closure member. We observe that appellants do not contend
otherwise. To supply the sealing gasket, the examiner cites
the patent to
Soubie and points out that the bag of Soubie is intended for a
similar purpose to appellants' bag and that it teaches a
closure member (5) having a compressible sealing gasket (5b)
for forming a secure, watertight seal with the neck or collar
member (6) of the bag. See particularly, Figure 3 of Soubie.
The examiner concludes that since the Seasafe #4055 bag does
not disclose the details of the closure member and seal
thereof, it would have been obvious to one of ordinary skill
5
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