Ex parte KAUFMAN et al. - Page 6




          Appeal No. 2000-2035                                       Page 6           
          Application No. 08/844,282                                                  


               We will not sustain the rejection of claims 2, 6-8, 10,                
          11, 17 and 19 under 35 U.S.C. § 103 as being unpatentable over              
          Papro in view of Stanek.                                                    


               In this rejection, the examiner determined (final                      
          rejection, p. 2) that Papro disclosed the subject matter of                 
          claim 17 except for the "peel seal" and that it would have                  
          been obvious to one having ordinary skill in the art at the                 
          time the invention was made to provide the self-closing,                    
          bifold membrane of Papro with the peel seal and pull tabs of                
          Stanek, in order to prevent premature access to the self-                   
          closing membrane.                                                           


               The appellants argue (brief, pp. 4-5) that the applied                 
          prior art does not suggest the claimed subject matter.  We                  
          agree.                                                                      


               All the claims under appeal require both a barrier peel                
          seal provided between facing portions of the peripheral edges               
          of the bifold membrane adjacent the top edges of the barrier                
          walls and the barrier walls being movable away from one                     







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