Appeal No. 2003-0589
Application No. 09/564,326
adhesively secured to one surface of the first composite near
respective edges thereof, and beads (102) of suitable elastomeric
encapsulating material applied over the wire strips so that
articles stored in a bag made from the laminated composite
material can never come in contact with the bendable wire strips.
As clearly indicated in even the Abstract of the Clark patent
The bags of the invention, after being opened, can
quickly and easily be closed by rolling the open end
downwardly upon itself in a manner to sealably deform
one or more inelastic, malleable metal filaments which
are interconnected with at least one of the laminate
side walls of the bag.
Thus, the examiner's factual findings with regard to the
Clark patent are clearly erroneous, and even if one were to
attempt to combine the teachings of Clark with those of Ouchi,
appellant's claimed process for making non-rectangular zipper
closable plastic bags would not be the result. Moreover, given
the entirely different problems to be addressed and solved by
Ouchi and Clark, and the entirely different structures involved
in the reclosable bags therein, it does not appear to us that one
of ordinary skill in the art would have been reasonably led to a
combination of these two patents.
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