Appeal No. 97-4165
Application No. 08/596,553
The appellant's invention is directed to a method for
evacuating gas from a gas tight envelope. The subject matter
before us on appeal is illustrated by reference to claim 1, which
reads as follows:
1. A method for evacuating gas from a gas
tight envelope containing solid or particulate material
disposed in a tray having sidewalls with overhanging
lip, comprising inserting through an opening in said2
envelope to a position under said lip, an elongated
vacuum probe extending from a vacuum source, applying a
vacuum to said probe to withdraw gas from said envelope
and collapsing said envelope around said tray
containing said solid material.
THE REFERENCES
The references relied upon by the examiner to support the
final rejection are:
Suga 5,109,654 May 5, 1992
Maskell 5,491,957 Feb. 20, 1996
(filed Apr. 6, 1994)
THE REJECTIONS
Claims 1 and 2 stand rejected under the judicially created
doctrine of double patenting over claims 1-4 of Maskell.
2It would appear that “an” should be inserted after “with.”
2
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