Appeal No. 2003-0589
Application No. 09/564,326
support of the rejection, and to appellant's brief (Paper No. 14,
filed June 5, 2002) for the arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to appellant's specification and claims, to
the applied prior art references, and to the respective positions
articulated by appellant and the examiner. As a consequence of
our review, we have made the determination which follows.
On page 2 of the final rejection the examiner makes note of
what Ouchi discloses relative to appellant's claimed process for
making zipper closable plastic bags, and expressly indicates that
Ouchi "does not disclose that [sic] a plastic zipper strip on
both the first and second edge of the plastic sheets." To
account for this difference, the examiner turns to the Clark
patent, urging that "Clark discloses a plastic sheet (48) having
a plastic zipper strip (102) on both the first and second edge
(Fig. 3) to provide a reclosable plastic bag for sealably
packaging a wide variety of articles including food products
(column 2, lines 33-36)" (final rejection, pages 2-3). From the
33
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