Appeal No. 1998-2317 Application No. 08/327,601 According to appellants, the invention is directed to a pouch or container for forming an envelope to protectively package a product such as a food substance (Brief, page 2).1 A copy of illustrative claim 1 is attached as an Appendix to this decision. The examiner has relied upon the following references in support of the rejections on appeal: Stillman 4,309,466 Jan. 5, 1982 Ossian et al. (Ossian) Re. 31,137 Feb. 1, 1983 Murray, Jr. et al. (Murray) 4,777,085 Oct. 11, 1988 Claims 1, 3, 5, 8, 10 and 11 stand rejected under 35 U.S.C. § 102(b) as anticipated by or, in the alternative, under 35 U.S.C. § 103(a) as unpatentable over Stillman (Answer, page 4). Claims 4 and 12 stand rejected under 35 U.S.C. § 103 as unpatentable over Stillman (Answer, page 6). Claim 6 stands rejected under 35 U.S.C. § 103 as unpatentable over Stillman in view of either Murray or Ossian (id.).2 We reverse all of the 1All reference to the “Brief” is to the substitute Brief dated Sep. 16, 1997, Paper No. 16. 2The final rejections under 35 U.S.C. § 112, first and second paragraphs, and all rejections containing Murray as the primary reference have been withdrawn by the examiner (Answer, pages 2-3; see also the Advisory Action dated Mar. 21, 1997, (continued...) 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007