Appeal No. 1997-4002
Application 08/459,880
appendix to the brief, is illustrative of the appealed subject
matter.
The references of record relied upon by the examiner in
support of a rejection under 35 U.S.C. § 103 are:
Schirmer 4,606,922 Aug. 19, 1986
Ferguson 4,765,857 Aug. 23, 1988
Claims 25-27, 29 and 32-35 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Ferguson in view of
Schirmer.5
The rejection is explained in the examiner’s answer
(Paper No. 16, mailed April 28, 1997).
The opposing viewpoints of appellants are set forth in
the brief (Paper No. 14, filed March 28, 1997).
Independent claim 25 calls for a side-seal bag having a
patch “covering at least a segment of the bottomline” of the
bag. Claim 34, the only other independent claim on appeal,
contains identical language. The examiner concedes that
5The final rejection (Paper No. 10) also included
rejections of the appealed claims under 35 U.S.C. § 112, first
and second paragraphs. However, the examiner has withdrawn
these rejections. See page 3 of the answer.
4
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