Appeal No. 95-4806
Application No. 08/155,730
bag so as to provide “sufficient tension” to tear the bag from
the succeeding one along the line of perforations (column 4,
line 10 et seq.). This differs from the appellant’s
invention, where such tension is not desired, and is the
reason that the appellant’s claims contain limitations
regarding the size of the coil center opening.
The bags with which the Benoit invention is used are
garbage bags, produce bags and the like. Benoit does not
state that these are “preopened” bags, nor in our opinion
would one of ordinary skill in the art expect them to be.
Therefore it would appear to matter not whether it is the top
or the bottom of the bags which exit from the package first.
This is confirmed by the in fact that no concern for this is
evidenced in the Benoit patent.
The factors discussed above lead us to the conclusion
that the combined teachings of the two applied references fail
to establish a prima facie case of obviousness with regard to
either of the independent claims for, even when considered in
the most favorable light, they fail to disclose or teach two
of the limitations contained in each of the independent
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