Ex parte WHITAKER et al. - Page 7




                 Appeal No. 2001-0346                                                                                     Page 7                        
                 Application No. 08/887,648                                                                                                             


                 cohesively sealing limitations of claims 13 and 18  are met by                            2                                            
                 Charbonneau.  Charbonneau also teaches (column 3, line 62, to                                                                          
                 column 6, line 13) that the volatile liquid containment                                                                                
                 treatment 54 is a polyvinyl alcohol containing a crosslinking                                                                          
                 agent which is coated and dried onto the paper substrate sheet                                                                         
                 52.  In our view, this forms "a film barrier."  Thus, the film                                                                         
                 limitations of claims 13 and 18  are met by Charbonneau.3                                                                              


                         Based on our analysis and review of Charbonneau and                                                                           
                 claims 13 and 18, it is our opinion that the only difference                                                                           
                 is the limitation that "a liquid fragrance" is utilized rather                                                                         

                          2In claim 13 the limitation is "cohesively sealing the                                                                        
                 barrier to itself to form an enclosed pocket which                                                                                     
                 encapsulates the sample, said sealing being accomplished                                                                               
                 without the use of pressure sensitive materials."  In claim 18                                                                         
                 the limitation is "said first and second portions of the                                                                               
                 barrier being one of heat, adhesive, and cohesively sealed                                                                             
                 around said fragrance sample to hold said first and second                                                                             
                 portions of said barrier together and to substantially prevent                                                                         
                 the premature release of said liquid fragrance from said                                                                               
                 sample, until said carrier is pulled open to provide for                                                                               
                 release of the liquid fragrance from the carrier."                                                                                     
                          3In claim 13 the limitation is "applying a film barrier                                                                       
                 to said carrier."  In claim 18 the limitation is "one of a                                                                             
                 film barrier and coating applied to one of the first and                                                                               
                 second halves of the carrier adjacent its fold line for                                                                                
                 reception of the fragrance sampler and to prevent its                                                                                  
                 migration and wicking into the said carrier."                                                                                          







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