Appeal No. 98-0384
Application No. 08/579,639
an adhesive layer 12. There is simply nothing in the combined
teachings Syracuse and Pomeroy which would suggest providing
the packaging of Syracuse with a cover member or "sealing
disk" for the flat end faces as taught by Pomeroy and at the
same time retain the flexible sections 18 and 20 which
Syracuse teaches should be used for this same purpose. While
the examiner has also relied on the teachings of Weaver for a
sealing disk, Weaver merely teaches the provision of a wooden
member 3 which is used to protect the ends of paper rolls
during shipping. However, this wooden member performs no
sealing function and cannot, in our view, be fairly construed
to teach a "sealing disk" as claimed.
From our perspective, the examiner has impermissibly
relied upon the appellant’s own teachings in arriving at a
conclusion of obviousness. This being the case, we will not
sustain the rejections under 35 U.S.C. § 103 of claims 2, 8,
13 and 20 based on the combined teachings of Syracuse,
Takahashi, Weaver and Pomeroy and claims 17 and 18 based on
the combined teachings of Syracuse, Takahashi, Weaver, Pomeroy
and the "conventional use of perforations."
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