Appeal No. 1997-4002
Application 08/459,880
Furthermore, Ferguson provides no guidance whatsoever as
to how the patch in applied to the bag. Hence, even if the
patch of Ferguson were extended up to or past the bottomline
of the bag as proposed by the examiner, it is not apparent to
us that the extended patch would necessarily “cover” at least
a segment of the bottomline, as called for in each of the
independent claims on appeal. Stated differently, even if the
proposed modification of Ferguson were to be made, it is not
clear to us that the claimed subject matter would result, the
examiner’s view to the contrary notwithstanding.
In light of the above, we will not sustain the standing
35 U.S.C. § 103 rejection of claims 25-27, 29 and 32-35 as
being unpatentable over Ferguson in view of Schirmer.
The decision of the examiner is reversed.
REVERSED
sufficient.
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