Ex Parte CAUDLE - Page 2




            Appeal No. 2003-0452                                                          Page 2              
            Application No. 09/846,714                                                                        


                                               BACKGROUND                                                     
                   The appellant's invention relates to sealed pouches having contoured edges with            
            a pour spout (specification, p. 1).  A copy of the claims under appeal is set forth in the        
            appendix to the appellant's brief.                                                                


                   The prior art references of record relied upon by the examiner in rejecting the            
            appealed claims are:                                                                              
            Schwarzkopf                      3,448,915                       June 10, 1969                    
            Bell                             5,971,613                       Oct. 26, 1999                    


                   Claims 50 to 53 stand rejected under 35 U.S.C. § 102(b) as being anticipated by            
            Schwarzkopf.                                                                                      


                   Claims 50 to 53 stand rejected under 35 U.S.C. § 102(b) as being anticipated by            
            Bell.                                                                                             


                   Rather than reiterate the conflicting viewpoints advanced by the examiner and              
            the appellant regarding the above-noted rejections, we make reference to the final                
            rejection (Paper No. 6, mailed May 9, 2002) and the answer (Paper No. 10, mailed                  
            October 16, 2002) for the examiner's complete reasoning in support of the rejections,             








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