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."                                                   

Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next 

Last modified: November 3, 2007