Appeal No. 2003-0589
Application No. 09/564,326
Ouchi are totally different, in that neither Ouchi or Clark are
directed to the efficient production of non-rectangular or
trapezoidal bags. In addition, appellant urges that
Neither Ouchi or Clark suggest a bag or method where
each top and bottom edge has a functioning zipper, and
where the bottom edges of each plastic bag are sealed
along a sealing line disposed parallel to and proximate
to the zipper on the bottom edges of each plastic bag.
Moreover, on page 6 of the brief, appellant specifically
disagrees with the examiner's further conclusion that the claimed
limitations not taught in the combination of the references to
Ouchi and Clark are merely matters of obvious engineering design
choice. In that regard, appellant provides the following
commentary to evidence that the examiner has failed to appreciate
important limitations in claim 1 on appeal:
While these references do teach trapezoidally shaped
bags, nowhere do they teach or suggest zipper sealed
bags, or bags with a sealing line disposed parallel to
and proximate to the zipper on the bottom edges of each
plastic bag. Likewise, neither teaches or suggest a
bag or method where each top and bottom edge has a
functioning zipper, where the bottom edges of each
plastic bag are sealed along a sealing line disposed
parallel to and proximate to the zipper on the bottom
edges or each plastic bag. Contrary to the Examiner's
opinion, one or [sic; of] ordinary skill in the art
would not produce the invention as claimed if they
modified Ouchi or Clark to adopt the designs taught in
example US patents 5,496,252 and 6,183,580.
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