Appeal No. 1998-2314 Page 8
Application No. 07/902,957
Claims 36 and 37 recite a microwave popcorn package comprising at least two
flexible non-planar sheets of material cut and bonded together in a configuration which
resembles a sports ball (claim 36) or an animal (claim 37) when inflated by gas generated
by the microwave cooking of the popcorn. The examiner has rejected these claims on the
same theory as the rejection of claims 1, 15 and 26, and the rejection fails on the basis of
the same reasoning that we expressed above in refusing to sustain those rejections. The
rejection of claims 36 and 37 is not sustained.
In rejecting claim 27, which depends from claim 26, and claims 29-31, which
depend from claim 27, the examiner relies on the thirteen references applied against claim
26 taken further in view of Brandberg ‘425, which was cited for its teaching of a microwave
popcorn package that includes a receptacle with a bottom and side walls. Be that as it
may, Brandberg ‘425 does not overcome the problem of lack of suggestion to modify the
bag of Brandberg ‘045 in the manner proposed by the examiner that we find to be present
in the rejection of claim 26. This being the case, we will not sustain the rejection of claims
27 and 29-31.
We reach the same conclusion with regard to the rejection of claim 28, which
depends from claim 27, wherein Watkins and Bohrer are added to the references cited
against claim 1 et al. Claim 28 interposes a susceptor between the inner surface of the
bottom wall of the receptacle and the mass of unpopped popcorn to transfer the
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