Appeal No. 98-0457 Application 08/604,813 appellants’ invention relates to “moisture barrier bags of the type used to transport and store semiconductor wafers, and more particularly to a bag having a window for optically inspecting wafers contained in the bag.” Independent claim 1, a copy of which is found in an appendix to appellants’ brief, is exemplary of the appealed subject matter. The references relied upon by the examiner in support of rejections under 35 U.S.C. § 103 are: Salfisberg 2,298,421 Oct. 13, 1942 Pokras 3,409,063 Nov. 5, 1968 Schwinn 3,907,291 Sept. 13, 1990 (German Patent Document) In addition, the examiner relies on appellants’ admitted prior art (AAPA) as set forth on page 1 of the specification under the heading “Background of the Invention.”2 2With respect to the “Background” discussion found on page 1 of the specification, we note the Japanese Abstract, Publication No. 02180181 (Mitsubishi Electric Corp.), July 13, 1990, included in appellants’ Information Disclosure Statement (Paper No. 8) filed subsequent to the final rejection and the answer, which submission has been indicated by the examiner as having been considered (Paper No. 11). The Mitsubishi publication discloses a moisture proof package having a transparent window for allowing the type and name of its contents to be confirmed, with the transparent window being covered by a seal that may be peeled off when the contents is to be confirmed. In that the Mitsubishi package appears to be for semi-conductor wafers or the like, it would seem that a discussion thereof in the “Background” section of the -2-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007