Appeal No. 95-4806
Application No. 08/155,730
opening, in the Benoit system bags are not dispensed
therefrom.
In addition, as the appellant has pointed out, Benoit has
no concern for removing the bags from the dispensing package
in such a manner as not to break the perforations between
successive bags, which is a major consideration in the
appellant’s system. Benoit is not dispensing bags for further
processing, as is the case with the appellant’s invention.
Benoit’s system is geared to providing bags for immediate use,
such as garbage or produce bags, which are to be torn from the
web as they exit the package. The appellant now has placed in
the record copies of the references referred to in the opening
lines of Benoit’s column 3 to make the point that the field in
which the Benoit invention is used differs from that to which
the appellant’s invention is directed. The appellant asserts,
and we agree, that it matters not at all in Benoit that the
bags be dispensed from the roll in such a manner as not to
break the perforations. In fact, Benoit specifically teaches
that the “roll” from which the bags are dispensed is a
”horseshoe-folded roll,” and that the bag is pulled by the
user from an “off-set slot means for grippingly engaging” each
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