Ex Parte Arnell - Page 6




                   Appeal No. 2003-0589                                                                                                                                   
                   Application No. 09/564,326                                                                                                                             


                              Even when all of the above reference are combined, they                                                                                     
                              fail to teach or suggest a method for efficiently                                                                                           
                              producing trapezoidal bags without waste material in                                                                                        
                              which the bags have top and bottom edges, each with 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 of each plastic bag.                                                                                                                  

                   In considering the prior art references to Ouchi and Clark,                                                                                            
                   we note, as appellant has, that neither of these patents is                                                                                            
                   directed to a method or process of making non-rectangular zipper                                                                                       
                   closable plastic bags.  Moreover, while the examiner has found                                                                                         
                   that Clark discloses or teaches "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"                                                                                          
                   (final rejection, page 2), we find no such teaching in the Clark                                                                                       
                   patent.                                                                                                                                                


                   Instead, it is readily apparent from even a cursory review                                                                                             
                   of the Clark patent that Figure 3 therein is directed to a                                                                                             
                   laminate composite for use in making reclosable plastic bags,                                                                                          
                   wherein the laminate composite includes first (48) and second                                                                                          
                   (68) sheets of plastic film material bonded together to form a                                                                                         
                   first composite (77), a pair of soft malleable wire strips (84a)                                                                                       

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