Ex Parte Kocher et al - Page 3




          Appeal No. 2003-1394                                                        
          Application 09/620,202                                                      


                                     DISCUSSION                                       
               Bakker, the examiner’s primary reference, discloses a                  
          product packaging method comprising the steps of providing a                
          product support member in the form of an open-top container 12              
          having a cavity and a flange (see Figures 2 and 3), placing a               
          food or drink product such as a soft drink 128 in the container,            
          placing an oriented, heat shrinkable film 26 over the product               
          (see Figure 5), cutting the film at a location beyond the                   
          perimeter of the container with a heated cutting means 94 (see              
          column 5, lines 2 through 7), sealing the film to the flange of             
          the container (see column 5, lines 22 through 26), and shrinking            
          the film across the top of the container (see column 5, lines 40            
          through 48).  As conceded by the examiner (see page 3 in the                
          answer), this method does not meet the limitation in claim 20               
          requiring the step of “shrinking the oriented, heat shrinkable              
          film extending beyond the perimeter of the product support member           
          such that the oriented, heat shrinkable film shrinks back to the            
          flange and forms a bead thereon.”  To overcome this deficiency,             
          the examiner turns to Stewart.                                              
               Stewart discloses a process for sealing a lid to a container           
          by dielectric heating.  The container 20 and lid 21 are                     
          structures made by “thermoforming, vacuum forming or solid phase            


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