Appeal No. 96-2297
Application 08/117,446
made from common knowledge and common sense of the person of
ordinary skill in the art without any specific hint or
suggestion in a particular reference. See In re Bozek, 416
F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).
With the above in mind, we recognize the following
practice. Supermarket or retail outlet consumers, at the time
of appellant's invention (circa 1993), would have expected
packaged meat product, as displayed in a retail outlet, to be
placed in a plastic bag (the bag being closed off with a
closure tie) when the display packaging showed signs of
leakage or the packaged product was surrounded with a
significant amount of visible liquid; additionally, of course,
the retail outlet would have been expected to place the
purchased packaged meat in a plastic or paper bag at the
checkout counter. In each of the above circumstances wherein
already packaged meat is placed into a bag, it can fairly be
said that the packaged meat product and tray would have been
covered thereby.
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