Ex parte BUCHANAN - Page 2




               Appeal No. 2000-0522                                                                                                 
               Application No. 08/934,826                                                                                           


                                                        BACKGROUND                                                                  
                       The appellant's invention relates to a convertible package and bowl (claims 1-3) and a                       
               self sealable bowl (claims 4-6) comprised of flexible sheet material.  According to the appellant,                   
               an important feature of the invention is its capability to be "converted into an effective serving                   
               bowl" (specification, page 2), in that, as explained on page 4 of the specification, the flexible                    
               container may be opened widely into a generally squared off configuration and remain so                              
               opened.  The appellant's specification informs us that this feature is achieved by limiting the                      
               height of the sides to less than twice the width of the bottom of the package.  An understanding                     
               of the invention can be derived from a reading of exemplary claims 1 and 4, which appear in                          
               the appendix to the appellant's brief.                                                                               
                       The sole prior art reference of record relied upon by the examiner in rejecting the                          
               appealed claims is:                                                                                                  
               Akai et al. (Akai)                             2-4651                         Jan. 9, 19901                          
                       (Japanese patent application)                                                                                
                       An additional prior art reference of record relied upon by this panel of the Board in                        
               remanding the application to the examiner is:                                                                        
               Erickson et al. (Erickson)                     4,837,849                      Jun. 6, 19892                          



                       1We derive our understanding of this reference from the translation submitted by the appellant with Paper    
               No. 6.                                                                                                               
                       2This reference was cited by the appellant in Paper No. 2 and a copy is of record in the application file.   
                                                                 2                                                                  





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