AUSNIT V. INAGAKI - Page 12




          Interference No. 103,640                                                    



          opening, itself an advantage, we note that only one layer of                
          material need be severed, either 49 or 50 to gain access to the             
          contents of the bag.  The consumer can gain access to the bag by            
          severing at perforation 49, at perforation 50, or the consumer              
          can remove the entire strip, as shown in Figure 6.  In contrast,            
          when opening the fin seal of Ausnit ‘533, the user must sever two           
          layers of material to gain access to the bag, which layers, since           
          they are laminated, necessarily reinforce one another.  Thus, the           
          force needed to open the fin seal is necessarily greater, due to            
          the arrangement of the seal, all other factors being equal.                 
                    Alternatively, Ausnit ‘533 is evidence of recognition             
          in the art of the desirability from an efficiency standpoint of             
          the form, fill, and seal process in materials packaging.  Ausnit            
          ‘533 adds the further teaching that consumers desire a tamper-              
          indicating seal outwardly of the closure strip in a form, fill              
          and seal foodstuff container.                                               
                    A claimed invention is unpatentable as obvious "if the            
          differences between the subject matter sought to be patented and            


          the prior art are such that the subject matter as a whole would             
          have been obvious at the time the invention was made to a person            
          having ordinary skill in the art to which said subject matter               
          pertains."  35 U.S.C.  103(a) (1994); See In re Gartside,                  

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