Appeal No. 2003-0102 Page 2
Application No. 09/543,439
BACKGROUND
The appellants’ invention relates to a container for vacuum packaging products,
the container including a flexible liner and at least one flexible end closure which are
free to move inwardly against the product to provide cushioning to thereby prevent
damage during transportation. A copy of the claims under appeal is set forth in the
appendix to the appellants’ brief.
The examiner relied upon the following prior art references of record in rejecting
the appealed claims:
Bemiss 3,779,447 Dec. 18, 1973
Adamek 4,087,003 May 2, 1978
Markert 4,098,404 Jul. 4, 1978
Sansbury 4,158,425 Jun. 19, 1979
Curry, Jr. (Curry) 4,267,928 May 19, 1981
The examiner has withdrawn the rejection under 35 U.S.C. § 112, second
paragraph, set forth in the final rejection (see page 3 of the examiner’s answer, Paper
No. 18).
The following rejection under 35 U.S.C. § 102(b) is before us for review:
claims 1, 5, 6, 8, 9 and 11 as being anticipated by Curry.
The following rejections under 35 U.S.C. § 103(a) are before us for review:
claims 1-4 and 6 as being unpatentable over Sansbury in view of Markert;
claims 5 and 8-11 as being unpatentable over Sansbury in view of Markert and
Curry;
claim 7 as being unpatentable over Sansbury in view of Markert and Bemiss;
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007