Appeal No. 95-4590
Application 08/056,188
24 on appeal. As noted above in treating claim 21 on appeal,
appellants'
specification (page 5) provides no specific description of the
"grommets" that are affixed to the sidewall of the bag.
Figure 1 of the drawings of appellants' application only
schematically shows the grommets (43) and at best is ambiguous
concerning the particular structure of these elements and
their specific mounting to the sidewall of the bag. Thus,
under 37 CFR § 1.196(b), we enter a new rejection of claim 24
under 35 U.S.C. § 112, first paragraph, as lacking written
description in the originally filed disclosure.
The last of the examiner's rejections for our
consideration is that of claim 23 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 23 is directed to a bag of the type set forth in claim
21 on appeal, but with a plug-type closure member as seen in
Figure 3 of the application drawings. Like the examiner
14
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