Appeal No. 96-4102
Application 08/500,421
It is the examiner’s finding of fact, and we concur, that
Figure 10 of Arcudi shows a tear-openable package 80. The
package 80 can contain a flowable material such as a powder.
See column 5, line 12. The package is formed of a tear-resistant
material (column 1, line 53) of heat-sealable synthetic resin
formed from two sheets of plastic film heat-sealed around the
edge 83 for forming the compartment 84 to house the material or
drug to be dispensed. See column 4, lines 49 ff. As shown in
Figure 10, the package or container 80 has four right angle
corners. A slit 17 is cut through the plastic film at an oblique
angle to one of the corners, as depicted in Figure 14, so that
the lower right-hand corner of Figure 10 may be manually torn
away from the remainder of the package thereby forming a pouring
opening in the container by which any powder therein might be
removed. As stated above, we concur in the examiner’s findings
of fact and with the examiner’s ultimate finding that Arcudi
clearly anticipates the subject matter of claim 4.
Appellants argue, on page 7 of the brief, that Arcudi is not
a bag. Appellants continue the argument by relating how the
present specification discloses how appellants make a bag from a
tube-like web of tear-resistant synthetic resin. We are in
4
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