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primary reference have been withdrawn by the examiner (Answer,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...)
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