Ex parte SIMMONS - Page 4




          Appeal No. 1998-0795                                                        
          Application No. 08/482,639                                                  


          a transverse fold.  Appellant argues, in the reply brief, that              
          the tabs of Krueger are not formed by the lateral end sections              
          of the ply.  We disagree.  As is clearly shown in the Tew                   
          patent, referenced by both the appellant and the examiner, a                
          longitudinal seam is placed in the shell before the transverse              
          closings seal the stuffing in the shell body.  This is the                  
          longitudinal seam shown in the Figure of Krueger.  We are in                
          agreement with the examiner that Krueger anticipates claims 46              
          and 54.                                                                     
               Turning to the rejection of claims 48, 50 through 53, and              
          55 through 58, we agree with appellant that the amendments                  
          made to the independent claims of this group of claims obviate              
          the examiner's ground of rejection under 35 U.S.C.  112,                   
          first paragraph.  The claims now specify that the shell is                  
          made of one ply or two plies, or at least one ply, of not more              
          than two plies.  The specification conveys possession of this               
          subject matter as now claimed.  The rejection under 35 U.S.C.               
           112, first paragraph, is reversed.                                        
                                       SUMMARY                                        
               The rejection of claims 46 and 54 under 35 U.S.C.  102                
          is affirmed.  The rejection of claims 48, 50 through 53, and                
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