Ex parte BALL - Page 9




          Appeal No. 95-4806                                                          
          Application No. 08/155,730                                                  


          Benoit is not to dispense bags from a center opening of a                   
          coil.  The first step in the Benoit process is to coil the                  
          bags (Figure 1).  However, the coil, as such, then is                       
          discarded.  As illustrated in Figures 6-8, Benoit compresses                
          the coil to eliminate the center opening (Figure 7), after                  
          which it is folded into the “horseshoe” shown in Figure 8.                  
          Benoit teaches dispensing the bags from the inside of the                   
          package, as shown in Figure 12, at which point the center                   
          opening has ceased to exist, for what was the inner surface 63              
          of the center opening of Figure 6 now has become, by virtue of              
          the compression and folding, a slit 123 through which the bags              
          124 protrude and are pulled out to be dispensed (Figure 12).                
          This being the case, while the examiner focuses on Benoit’s                 
          statement that ”the larger the inner roll diameter for a given              
          bag size, the less twist is encountered when removing a large               
          bag from the roll by center unwinding” (column 3, lines 64-                 
          66), it is our view that Benoit actually is not referring to                
          the diameter of an opening, but to the effective length of the              
          folded slit in the compressed and folded packages of Figure 12              
          et al.   Thus, while at one point in the process of forming a               
          dispensing package there exists a coil having a center                      
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