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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