AUSNIT V. INAGAKI - Page 9




          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             

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