Ex parte HAAR et al. - Page 11




          Appeal No. 95-4590                                                          
          Application 08/056,188                                                      



          share the examiner's view that the ring structures of the                   
          Seasafe #4055 bag that are secured to the sidewall of the bag               
          therein to allow other accessories, such as the handle, to be               
          attached to the bag are fully responsive to the "grommets" of               
          claim 21 on appeal.                                                         


                    With regard to claim 26 on appeal, we agree with the              
          examiner (answer, page 6) that the sizing of the Seasafe #4055              
          bag to have a volume in the range of 250 to 6000 cubic inches               
          would have been an obvious matter of design choice to one of                
          ordinary skill in the art.  The same is true for the sizing                 
          of the opening in the neck portion of the Seasafe #4055 bag.                


          Moreover, we agree with the examiner that when using the 3.4                
          inch diameter enclosure opening specified in the sales sheet                
          to scale the size of the bag seen therein, it is apparent that              
          the bag shown in the sales sheet is within the size range set               
          forth in claim 26 on appeal.  Appellants have not provided any              
          evidence or argument to demonstrate that the sizing of the                  
          Seasafe #4055 bag is not within the claimed range, or to show               

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