Appeal No. 95-4806
Application No. 08/155,730
of Lerner with the Benoit opening “in order to facilitate
rapid and easy handling” (Answer, pages 2 and 3). We are
persuaded by the arguments and evidence provided by the
appellant, however, that this is not the case.
Lerner discloses the claimed elongated web of preopened
plastic bags interconnected in end-to-end relationship and
provided with lines of weakness whereby the individual bags
can be separated from the web after packaging. As shown in
Figure 4, the Lerner web is unwound from the outside of the
coil with the closed ends of the bags oriented in the
direction of movement. This is illustrative of the modus
operandi of the prior art, and the creation of the coil
illustrated in Lerner first necessitated that the web be
rewound from its prior state, that is, the state which is
utilized in the appellant’s invention. There is no discussion
in Lerner with regard to the center opening in the coil, other
than to state that it accommodates an axle (column 7). Thus,
Lerner fails to disclose or teach the limitations of claims 47
and 51 regarding the size of the center opening and the
orientation of the web (subparagraphs e. and f.).
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007