Appeal No. 1999-2092 Page 21
Application No. 08/798,718
REMAND
We remand this application to the examiner for further
consideration of the patentability of claims 45 and 51 under
35 U.S.C. § 103. With regard to claim 45, the examiner should
assess available evidence in the bag art to determine if it is
known in the bag art to have a line of weakness made from a
series of perforations that provide a bridge portion between
adjacent perforations. With regard to claim 51, the examiner
should assess available evidence in the bag art to determine
if it is known in the bag art to have a margin secured
together over all the area between opposite longitudinal edges
of the margin. If those items are known in the bag art, the
examiner should cite that evidence (e.g., prior art) and then
consider whether or not such evidence can be combined with
Salvadori to render claim 45 or claim 51 unpatentable under 35
U.S.C. § 103.
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