Appeal No. 2003-0452 Page 3
Application No. 09/846,714
and to the brief (Paper No. 9, filed September 26, 2002) for the appellant's arguments
thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellant's specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the examiner. As a consequence
of our review, we make the determinations which follow.
Claims 50 and 52, the only independent claims on appeal, read as follows:
50. A single pouch comprising a first lateral edge and a second lateral edge,
each of the first and the second lateral edges comprising a concave surface and
a convex surface, wherein the concave surface of the first lateral edge is
substantially opposite the convex surface of the second lateral edge and the
convex surface of the first lateral edge is substantially opposite the concave
surface of the second lateral edge.
52. A single pouch comprising a first lateral edge and a second lateral edge,
the first lateral edge comprising a concave surface and the second lateral edge
comprising a convex surface, wherein the concave surface of the first lateral
edge is substantially opposite the convex surface of the second lateral edge.
Schwarzkopf's invention relates to tapered bags or sleeves which are made from
plastics material sheeting and are joined by tearable perforation lines. Schwarzkopf
teaches that "tapered bags are used, e.g., for flowers, umbrellas, neckties etc." while
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