Appeal No. 2003-1197
Application No. 09/699,218
The Examiner relied on the Wiley reference for teaching the suitability of vacuum
sealing a food product. The Appellants’ discussion of claim 20 fails to address the
Examiner’s motivation for using the Wiley packaging process in the packaging of the Leach
food product.
Based on our consideration of the totality of the record before us, having evaluated
the prima facie case of obviousness in view of Appellants’ arguments, we conclude that the
subject matter of claims 1 to 3, 9 and 20 would have been obvious to a person of ordinary
skill in the art from the combined teachings of the cited prior art.
CONCLUSION
The Examiner’s rejections of claims 1 to 3, 9 and 20 as unpatentable under 35
U.S.C. § 103(a) as obvious over the combination of Kincaid, Leach and Wiley is
affirmed.
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