Appeal No. 1997-4002
Application 08/459,880
31, the only other remaining claims in the application, have
been
withdrawn from further consideration under 37 CFR § 1.142(b)
as not being readable on the elected species.2,3
By way of background, the appealed subject matter in the
present application is related to the appealed subject matter
in Appeal No. 1998-1647 in appellants’ copending application
08/668,503, which appeal is decided currently herewith.
Appellants’ invention pertains to a patch bag, that is, a
bag having a patch applied to one of its surfaces to increase
its resistance to puncture. As explained on page 1 of
appellants’ specification, the invention is designed for the
packaging of bone-in cuts of meat. In this environment, the
patch prevents or reduces the likelihood that a bone will
completely puncture or rupture the bag and patch combination.
According to appellants, the edge portion of the bag is
2 The requirement for election was made in Paper No. 6 of
parent application 08/252,125.
3An amendment filed concurrently with the answer
correcting a minor deficiency in claim 25 have been entered.
See page 2 of the answer.
2
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