Appeal No. 2003-0589
Application No. 09/564,326
combined teachings of Ouchi and Clark, the examiner concludes
that it would have been obvious to one of ordinary skill in the
art at the time of appellant's invention
to have modified Ouchi's process for making zipper
closable plastic bags by having a plastic zipper strip
on both the first and second edge of the plastic
sheets, as suggested by Clark, in order to provide a
reclosable plastic bag for safely packaging a wide
variety of articles including food products.
In addition to the foregoing, the examiner also makes note,
on page 3 of the final rejection, that Ouchi and Clark "failed to
disclose a plurality of spaced apart transverse sealing lines
disposed at non-right angles with respect to the side edges of
the side edges [sic]." The examiner's position with regard to
this aspect of appellant's claimed subject matter is that
it would have been obvious to one having ordinary skill
in the art at the time the invention was made to have
modified Ouchi's process for making zipper closeable
plastic bags by having a plurality of spaced apart
transverse sealing lines disposed at non-right angles
with respect to the side edges of the side edges, as a
matter of engineering design choice, since the examiner
takes an official notice that a plurality of spaced
apart transverse sealing lines disposed at non-right
angles with respect to the side edges of the side edges
is old, well known, and available in the art, see for
example US patents 5,496,252 and 6,183,590.
On page 5 of the brief, appellant argues that the problems
addressed in the present application as compared to Clark and
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