Appeal No. 98-1428
Application No. 08/590,388
protect the adhesive and maintain its viability. While it is
not entirely clear exactly what the specific nature of the
contact adhesive strip (36) in Jaeger is, we are of the
opinion that it would have been obvious to one of ordinary
skill in the art that such a strip would be either a segment
of two sided tape like that set forth in appellant’s claim 8,
or a strip of adhesive applied directly to the outer surface
of the bag as in appellant’s claim 9, given that both of these
forms of contact adhesive strips are old and well known in the
art as alternatives to one another. In this regard, we also
note that Jaeger use both the term "stripe of contact
adhesive" (col. 4, lines 17-18) and "contact adhesive strip"
(col. 4, lines 22) to describe element (36) seen in Figure 1
of the patent.
This decision contains a new ground of rejection pursuant
to 37 CFR § 1.196(b) (amended effective Dec. 1, 1997, by final
rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10, 1997), 1203
Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)).
37 CFR
11
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