Interference No. 103,640
spot welded line, it would have been prima facie obvious to one
of ordinary skill at the time of the senior party’s invention, to
use the unitary reclosable strip fastener of Ausnit ‘787 or ‘443
on the form, fill, and seal bag of Ausnit ‘533. The motivation
for this modification would clearly have been found in the self-
evident advantages the unitary strip has as enumerated above.
Furthermore, as we have mentioned above, Ausnit ‘533
teaches both the desirability and efficiency of the form, fill,
and seal process in plastic packaging. Additionally, ‘533
teaches that consumers desire a tamper-indicating seal. In
view of these teachings, it is our view that it would have been
prima facie obvious to manufacture the container disclosed in
Ausnit ‘787 on a form, fill, and seal machine as suggested by
Ausnit ‘533. This is an additional suggestion or motivation
found in the prior art.
We turn next to the objective evidence of nonobvious-
ness. As noted previously, only the evidence filed by the senior
party with the original opposition will be considered at this
final hearing. This includes the first declaration by Edelman
and the cross-examination pertinent thereto.
In ¶1 and ¶2 of the first Edelman declaration, 7 Edelman
7 The first Edelman declaration is found at Exhibit C, Paper
No. 35, "Exhibits to Senior Party's Oppositions to Junior Party's
Preliminary Motions 1-9."
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