Appeal No. 2003-0589
Application No. 09/564,326
Like appellant, we find that the examiner has failed to
establish a prima facie case of obviousness with regard to
appellant's claimed subject matter, because the references
applied do not teach or suggest a process of making non-
rectangular zipper closable plastic bags wherein each upper edge
and each lower edge of each such plastic bag along a plastic bag
strip have a functioning zipper and wherein the lower edge of
each plastic bag is sealed along a sealing line disposed parallel
to and proximate to the zipper on the lower edge along the
plastic bag strip.
On the basis of the foregoing, we must refuse to sustain the
examiner's rejection of claims 1 through 13 under 35 U.S.C.
§ 103(a) based on Ouchi and Clark.
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