Appeal No. 1999-2092 Page 8
Application No. 08/798,718
away from the path of seam 55 and into the outlet
extension 30. Thus, undesired tearing along the path of
seam 55 is prevented.
It should be appreciated that the particular
construction of the preferred embodiment protects the tab
member 42 from being accidentally ruptured or damaged
during the manufacturing process. More particularly,
during the manufacturing process the two sheets 13 and 15
of polyvinyl chloride material are electronically welded
together forming the seams 36, 38, 39, 54 and 55 and
resulting in the presence of excess polyvinyl chloride
material extending outwardly from the peripheral seams
36, 38 and 39. This excess material is usually removed by
cutting or tearing. By shielding the major portion of the
tab member 42 within the confines of the upper portion
59, the tab member 42 is protected against accidental
tearing or damage during removal of this excess material.
In our view, claim 42 is anticipated by Salvadori. In
that regard, claim 42 is readable on Salvadori as follows:
A bag (Salvadori's bag 10) comprising a pair of flexible
tearable walls (Salvadori's sheets 13 and 15) defining between
them a central volume (Salvadori's chamber 14) for containing
a product, said walls being secured together along and
transversely of an elongated margin of substantial width
extending between an outer edge of said bag and said central
volume (Salvadori's seams 36 and 54 secure the sheets 13 and
15 together and define therebetween an elongated margin of
substantial width extending between outer seam 36 and the
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