Ex parte BRADY - Page 6




          Appeal No. 98-1428                                                          
          Application No. 08/590,388                                                  


          Contrary to the examiner’s reasoning on pages 3-4 of the                    
          answer, we do not consider that it would have been obvious to               
          one of ordinary skill in the art                                            
                   to have employed an adhesive strip along the bag                  
                    upper edge in the device of Metcalf, in view of                   
                    the adhesive mounting strip teaching in Meroney,                  
                    motivated by the cost savings of employing such                   
                    mounting teaching and the elimination of the                      
                    need for the channel member in Fig. 1 of                          
                    Metcalf.                                                          

          Like appellant, we see no teaching or suggestion in                         
          either Metcalf or Meroney which would have motivated one of                 
          ordinary skill in the art to combine these references so as to              
          result in eliminating the frame structure (10) or (18) of                   
          Metcalf and in application of an adhesive strip directly to                 
          the bag liner (4) of Metcalf, as is urged by the examiner.  If              
          anything, it would appear to us that one of ordinary skill in               
          the art considering the collective teachings of these patents               
          would have, at best, found it obvious to substitute the                     
          attached frame structure of Meroney for the separate frame                  
          structure of Metcalf, thus basically resulting in essentially               
          the same structure already disclosed in Meroney.  For these                 



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