Ex parte WHITTEMORE et al. - Page 5




          Appeal No. 2001-2229                                                        
          Application No. 09/346,226                                                  


          the heat shrinkable gift bag to have an extended lip and a                  
          self-adhesive strip on the extended lip for closing the mouth               
          of the bag, and to be made of opaque polyvinyl chloride film                
          having a gauge thickness of about 90 gauge, a balanced shrink               
          ratio in x and y orientations to provide a uniform and                      
          consistent shrink profile and an activated shrink temperature               
          of about 140EF.                                                             
               To cure these deficiencies, the examiner turns to                      
          Ashmore, Rosenblatt and Watanabe.  Ashmore discloses a heat                 
          shrinkable food packaging film which is biaxially stretched or              
          oriented and tends to return to its unstretched dimensions                  
          when heated.  Rosenblatt discloses a heat shrinkable book                   
          packaging film made of opaque polyvinyl chloride which is                   
          biaxially oriented and has a shrink temperature of from about               
          145EF to about 185EF.  Watanabe discloses a thermoplastic bag               
          (see Figures 5 through 8) having an extended lip b carrying a               
          band of pressure sensitive adhesive d for closing the mouth of              
          the bag.  In concluding that the subject matter recited in                  
          claims 1 and 8 would have been obvious within the meaning of §              
          103(a), the examiner urges that “[t]he exact thickness of the               


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