Interference No. 103,640
Ausnit Motion 1 for Judgment Based on Unpatentability under
35 U.S.C. § 103
Ausnit preliminary motion 1, filed pursuant to 37 CFR
§ 1.633(a) was for judgment that all Inagaki claims, viz.,
claims 11-26, were unpatentable to Inagaki under 35 U.S.C. § 103.
The references cited were Ausnit U.S. Patent Nos. 4,709,533;
3,226,787; and 3,172,443. The APJ granted the Ausnit motion.
The following are our findings of fact with respect to Ausnit
motion 1:
Ausnit ‘533 discloses a method and an apparatus for
making reclosable plastic bags on a form, fill, and seal machine.
Such a machine not only forms the bag, it also fills the bag
after forming, and then seals the bag’s contents inside. The
apparatus of ‘533 works as follows: a thin plastic film 10 is
continuously fed via roller 11 into and wrapped around a filling
spout 12. As the film encircles the spout, lateral edges 13
and 14 are brought into adjacency to form a tube. A continuous
supply of plastic zipper strip 18 having first and second
reclosable pressure interlocking members 20 (male) and 21
(female) is fed into the space between the film edges 13 and 14.
Each of the interlocking members has a web above and below the
interlocking member. For the male interlocking member, the webs
are upper web 20a and lower web 20b. For the female, the upper
and lower webs are 21a and 21b, respectively. The web areas of
9
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