Appeal No. 96-0501 Application 08/101,499 Rejection (1) We will first consider this rejection with regard to claim 8, which reads: 8. A packing device comprising: a container; an article disposed within the container; and at least one cushioning device disposed in the container with the article, each such cushioning device having a sealed flexible enclosure fabricated of a water soluble biodegradable material, and a multitude of individual particles of water soluble biodegradable fill material within the enclosure, said enclosure having a conformable external surface which engages the article and a wall which serves as a protective barrier to keep the fill material out of direct contact with the article, the pressure within the enclosure being lower than the pressure outside the enclosure so that the fill material is compressed to a volume on the order of 20 to 80 percent of the uncompressed volume of said material. The examiner’s position with regard to this rejection is, in essence, that (answer, page 3): It would have been obvious to use a multitude of particles and to provide the volume ratio as taught by Wright in the package and method of Bauman ‘521 to allow the user to control the amount of compression and to allow the cushion to more closely conform to the contents. As for the requirement that the enclosure and fill material both be a “water soluble biodegradable material,” the examiner asserts that (answer, page 4): -3-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007