Ex parte FINESTONE et al. - Page 2




          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          primary reference have been withdrawn by the examiner (Answer,              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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